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2016 Supreme(Ori) 435

BISWANATH RATH
Ramakanta Patnaik – Appellant
Versus
Suresh Chandra Sahoo – Respondent


Advocates Appeared:
For the Petitioners:M/s. Bidhayak Pattnaik, S.K. Swain, B.Rath, A.Patnaik, Advocates
For the Opp. Party :M/s. Amit Prasad Bose, N.Hota, S.S.Routray, Mrs.Vijaya Kar, D.J. Sahoo & S.S. Das, Advocates

JUDGMENT :

Biswanath Rath, J.

This Civil Miscellaneous petition is filed under Article 227 of the Constitution of India assailing the order dated 12.01.2016 passed by the Civil Judge (Senior Division), Bhubaneswar in Civil Suit No.1131 of 2011 thereby rejecting an application under Order 26, Rule 9 of the Civil Procedure Code at the instance of the petitioners (plaintiff Nos.1 to 3 in the court below).

2. Short facts involved in the case is that plaintiff Nos.1 to 3 filed Civil Suit No.1131 of 2011 praying therein to declare the registered sale deed No.5396 dated 27.12.1993 as void, illegal, inoperative, fabricated one and not binding to the plaintiffs, further for a declaration that the defendant has not derived any right, title, interest by virtue of forged registered sale deed No.5396 dated 27.12.1993 in respect of suit ‘A’ schedule land, further to declare the possession of the plaintiffs confirm and in the event if it is found that during course of the suit, the plaintiffs are dispossessed from the suit land, the possession of the same be delivered to them through process of the court and also for permanent injunction against the defendant or anybody claiming under him restrainin










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