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2010 Supreme(Ori) 314

B.P.DAS
Nayan Sundari Bewa – Appellant
Versus
Subash Chandra Behera – Respondent


Advocates:
For Appellants:M/s. Bidyadhar Mishra, P.K. Rout, P.C. Panda, G.K. Agrawal, M. Mishra & B.C. Panda.
M/s. Tapan Mishra & G.K.Agarwalla
For Respondents:M/s. B.M. Patnaik, B.D. Mohanty, J.K. Mishra, P. Mohanty, S. Mantry & A.K. Sharma.
M/s. N.C.Das, S.R.Das & A.K.Das
M/s. N.P.Pattnaik

JUDGMENT

B.P. DAS, J. — This First Appeal arises out of the judgment and decree dated 3.10.1981 and 5.11.1981 respectively passed by the Additional Subordinate Judge, Cuttack in Title Suit No. 142 of 1972.

2. The plaintiff appellant-Nayana Sundari Bewa having died during pendency of the appeal has been substituted by her legal heirs, who are appellant nos. A.1/a to A.1/g. Defendant-respondent no.1 having died during pendency of this appeal, has been substituted by his legal heirs, i.e., R.1/a to R.1/i. Re¬spondent nos. 6 and 7 were expunged respectively by order no. 36 dated 1.12.1989 and order no. 53 dated 2.3.1989. The names of respondent nos. 8 and 9 were deleted by order no. 67 dated 13.1.1992. This appeal stood dismissed as against respondent no.9 vide order no. 61 dated 8.4.1990.

3. The present appellants 1/a to 1/g are all sons and daughters of plaintiff-Nayana Sundari Bewa, who filed the afore¬said suit bearing T.S. No.142/1972 for a declaration that D-1-Subash Chandra Behera, is not the adopted son of the plaintiff’s husband, late Bansidhar Behera, and as such, he is not entitled to the status and benefit of a son by virtue of the deed dated 29.2.1960, which is a void docu









































































































































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