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2016 Supreme(Ori) 764

D.DASH
Malli Sahuani @ Sahu – Appellant
Versus
Khadali Swain – Respondent


Advocates Appeared:
For the Appellants :M/s. U.C. Panda, advocate.
For the Respondents:M/s. L. Bhuyan, M. Mohanty, S. Misra, B. Panigrahi, D. Patnaik, S.K. Sahoo, E. Agarwal, advocates.

JUDGMENT :

1. The unsuccessful plaintiffs in the court below have filed this appeal challenging the judgment and decree passed by the learned Civil Judge (Sr.Divn.), Bhanjanagar in C.S. No. 26 of 2003 dismissing their suit.

2. For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

3. Plaintiff no. 1 is the mother of plaintiff no. 2. They filed the suit seeking declaration that the Will said to have been executed by Mahadei bequeathing the suit land in favour of Sita Swain, the wife of defendant no.1 as null and void, not acted upon and binding on them and so also the consequential recording of the suit land in the consolidation operation in the name of said Sita with further declaration that the sale deeds executed by defendant no.1, the husband of Sita transferring the suit land in favour of defendant nos. 13, 14 and 15 are void. They also prayed for declaration of their right, title and interest over the suit land, confirmation of possession and in the alternative for recovery of possession followed by permanent injunction.

4. Plaintiff no. 1 is the widow of Arjun Sah





















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