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2016 Supreme(Ori) 430

A.K.RATH
Bansidhar Nayak (Dead) – Appellant
Versus
Priya Ranjan Mohanty – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.N. Bhuyan
For the Opp. Parties : Mr. P.K. Padhi, Mr. M. Pattanyak.

JUDGMENT :

A.K. RATH, J.

This petition challenges the correctness of the order dated 26.3.2016 passed by the learned 1st Additional Civil Judge (Sr. Division), Bhubaneswar in C.S.No.94/1059 of 2013/08 allowing the application filed by opposite party no.3 under Order 1 Rule 10 C.P.C. for impleadment.

2. Bansidhar Nayak, predecessor in interest of the petitioners, instituted suit for declaration that the Registered Power of Attorney No.10971 dated 1.10.2007 as nullity, confirmation of possession, permanent injunction and other consequential reliefs impleading the opposite parties 1 and 2 as defendants. The case of the plaintiff is that the G.A. Department has executed a lease deed in his favour in respect of the suit schedule land on 8.4.1962. He has constructed a residential house over the same and is residing therein with his family members. He has also rented out some portion of his residential house. In the hal settlement operation, the schedule property has been recorded in his name in the R.O.R. By virtue of resolution dated 18.7.2003 of the State Government, it was declared that leasehold property of the G.A. Department would be converted to free hold property on proper applicati












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