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2006 Supreme(Ori) 569

P.K.TRIPATHY
Mangilal Agarwalla – Appellant
Versus
Manjulata Sahu – Respondent


Advocates:
For Petitioners:M/s. S. K. Mishra, S. Mishra, S. Dash, S. Nanda, L. Bhuyan and M. R. Dash
For Opp. Parties:M/s. N. C. Pati, A. K. Das, A. K. Mohapatra, S. Mishra, P. K. Khuntia & K. C. Mishra

JUDGMENT

P. K. TRIPATHY, J. — Order dated 17.12.1996 of learned Civil Judge (Senior Division), Talcher in Title Suit No. 15 of 1990 and Judgment of learned Addl. District Judge, Angul in Civil Revision No. 34/11 of 1996-1997 are under challenge under Article 227 of the Constitution of India. Plaintiffs are the petitioners and defendants are the opposite party Nos. 3 and 4.

2. The fact noted in the impugned orders is not in dis¬pute. According to plaintiffs’ case before the Court below, lands appertaining to Plot No. 1589 having an area of Ac. 0.130 deci¬mals and Plot No. 1590 having an area of Ac. 0.030 decimals under Khata No. 954 of mouza-Nizigarh town, Talcher is the ancestral property of the plaintiffs and defendant No. 3. Residential houses have been constructed on the western side of Plot No. 1589 and on a part of Plot No. 1590 by leaving a space of four links in east-west and sixty-five links in north-south and that stripe of land is the disputed suit land. Plot Nos. 1591 and 1591/2984 are adjacent land of Plot Nos. 1589 and 1590. In 1986, defendant No. 1 purchased land appertaining to Plot No. 1591 and defendant No. 2, i.e. the husband of defendant No. 1, started constructi




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