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2015 Supreme(Ori) 416

D.DASH
Satyabhama Behura – Appellant
Versus
Rajesh Kumar Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Susanta Kumar Dash, A.K. Otta, A. Dhalasamanta, S. Das
For the Respondents: B. Baug, M.R. Baug, R.R. Jethi, P.C.P. Das, A.K. Mishra

JUDGMENT :

D. Dash, J.

1. This appeal has been filed calling in question the judgment passed by the learned 2nd Additional District Judge, Cuttack in RFA No. 83 of 2011.

The respondent No. 1 as the plaintiff had filed Civil Suit (I) No. 571 of 2006, a suit for declaration of her right, title and interest over the suit land with further declaration that the sale deed bearing No. 2086 dated 3.6.2000 executed by Chandra Sekhar Mohapatra and his daughter Smt. Suprama Mishra in her favour in respect of Ac.0.011 decimals as valid in law, with further declaration that registered sale deed No. 2878 dated 11.8.2000, executed by the respondent-defendant No. 2 in favour of respondent-defendant No. 1 to be void and to have clothed no title upon the respondent No. 1, with further prayer to restrain the respondent-defendant No. 1 from making any sort of construction over the suit land by permanent injunction as also for mandatory injunction directing him to remove the boundary wall constructed over the suit land. The suit having been decreed granting all the reliefs as prayed for, the respondent No. 1 as the unsuccessful defendant had carried the appeal. The appeal has been allowed and the plaintif




















































































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