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2016 Supreme(Ori) 637

A.K.RATH
Sani Dalai @ Pradhan – Appellant
Versus
Draupadi Beheradalai – Respondent


Advocates Appeared:
For the Appellant : Mr. Prasanna Ku. Mishra.

JUDGMENT :

A.K. RATH, J.

1. This is an appeal against the judgment and decree dated 5.11.2011 and 19.11.2011 respectively passed by the learned District Judge, Gajapati at Paralakhemundi in R.F.A. No. 1 of 1998 reversing the judgment and decree dated 27.11.2009 and 30.11.2009 respectively passed by the learned Additional Civil Judge (Jr. Division), R. Udayagiri in Title Suit No. 1 of 1998.

2. The plaintiffs are the appellants. They instituted the suit along with respondent No. 2 for a declaration that the registered sale deed No. 294 dated 20.6.1995 and mutation R.O.R. made in favour of defendant No. 1 are null and void, declaration of right, title, interest over the suit land and for permanent injunction. The case of the plaintiffs, in brief, is that the parties are Hindus. Rama Dalai was the common ancestor of the parties. He had three sons; Kunia, Gangadhar and Giridhar. Kunia was issueless. Paramananda and Sani, plaintiff No. 2, are son and daughter of Gangadhar through his first wife Netri. Paramananda was given in adoption to Kunia. After death of Netri, Gangadhar married to Luli, who gave birth to a daughter, namely, Pano, plaintiff No. 3. After death of Luli, Gangadhar remarri








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