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2014 Supreme(Ori) 639

B.K.NAYAK
Sushila Panda – Appellant
Versus
Lokanath Panda – Respondent


ORDER

Heard learned counsel for the petitioners.

In spite of service of notice, the sole opposite party has not entered appearance.

Order dated 03.01.2008 passed by the Civil Judge (Senior Division), Sonepur in C.S. NO.102 of 2006 rejecting the joint petition for compromise filed by the parties, has been assailed in this revision.

The opposite party as plaintiff filed the suit for declaration that the registered Will dated 12.02.1993 executed by Brundabati, Wife of Bhimsen Panda in respect of the suit property is illegal, inoperative and a nullity. Admittedly the suit property originally belonged to Bhimsen, the husband of Brundabati Panda. After the death of Bhimsen, the properties were recorded in the name of Brundabati in the consolidation record of rights. Sahadev Panda is the deceased brother of Bhimsen. The plaintiff and Defendant Nos.3 & 4 are the natural born children of Sahadev. Defendant Nos.1 and 2 are the wives of Santosh and Krushna, who are also the sons of Sahadev. Plaintiff claimed the property as the adopted son of Bhimsen and Brundabati and challenged the genuineness of the Will executed by Brundabati in favour of the defendants. In their written statement the defenda








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