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2016 Supreme(Ori) 288

K.R.MOHAPATRA
Haramani Paikray – Appellant
Versus
Hadibandhu Senapati – Respondent


Advocates Appeared:
For the Appellant : M/s. N.P.Parija, S.K.Rout & A.K.Mohanty
For the Respondents: M/s. Bidyadhar Pradhan, M.D.Pradhan, S.K.Nayak, O.P.Mohanty, Mrs. S.Pradhan, Mrs. D.Mishra & S.Mohapatra

JUDGMENT :

K.R. Mohapatra, J.

The unsuccessful plaintiff has filed this appeal assailing the judgment and decree dated 23.09.2009 and 8.10.2009 respectively passed by the 1st Additional Civil Judge (Senior Division), Bhubaneswar in C.S. No.38/735 of 2008/2006.

2. The suit was filed for declaration that the registered sale deed nos.6476 and 6477 dated 21.2.2004 executed in favour of defendant Nos.1 and 2 in respect of the suit property by virtue of the Power of Attorney No.806 dated 15.09.2001 are fraudulent, inoperative, void and not binding on the plaintiff. She also prayed for a decree of permanent injunction against the defendants.

3. The suit was filed in respect of the property appertaining to Plot No.63, Khata No.105 under mouza-Baramunda in the district of Khurda. The plaintiff had purchased the suit property from one Bhima Charan Swain vide RSD No.3689 dated 12.4.1982 followed by delivery of possession. After purchase, the plaintiff constructed a temporary shed over the suit land and rented it out to different tenants. In the year 2001, the husband of the plaintiff fell ill and could not look after the family. Thus, all her sons decided to construct a permanent structure over t
































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