S.PANDA
Pramod Kumar Prusty – Appellant
Versus
Aina Prusty (since dead) represented by her legal heirs – Respondent
Judgment
S.Panda, J.
This Writ Petition has been filed by the petitioners challenging the order dated 11.5.2010 passed by the learned Addl. Civil Judge (Senior Division), Puri in C.S No.92/136 of 2010/2009 allowing the application filed under Order 6, Rule 17 of C.P.C for amendment of the plaint.
2. The facts leading to the present case are that opposite party nos.1 to 8 as plaintiffs filed C.S No.92/136 of 2010/2009 before the learned Civil Judge (Senior Division), Puri for partition and permanent injunction in respect of the disputed land described in Schedules A and B of the plaint. The plaintiffs in the plaint inter alia alleged that they are in possession of the land for more than the prescribed period as such they have perfected title thereto though the Record of Rights stand in the name of one Janha Bewa, the mother of defendant no.1, who was allotted with a share in a family partition in the year 1930. The plaintiffs also challenged the Sale Deed executed by defendant no.1 in favour of other defendants.
2.1 After receiving notice, the petitioners, who are defendant nos.1 to 8 appeared in the suit and filed their written statement traversing the allegations made by the plaint
Heeralal Vs. Kalyan Mal and others reported in AIR 1998 SC 618
Baldev Singh and others Vs. Manohar Singh and another reported in AIR 2006 SC 2832
Panchdeo Narain Srivastava Vs. Km. Jyoti Sahay and another reported in AIR 1983 SC 462
Gautam Sarup Vs. Leela Jetly and others reported in (2008) 7 SCC 85
Puran Ram Vs. Bhaguram and another reported in AIR 2008 SC 1960
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