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2016 Supreme(Ori) 620

D.DASH
Laltoomani Mohanty – Appellant
Versus
Brahamagadi Goswami Sarala Devi – Respondent


Advocates Appeared:
For the Appellant : M/s. D.P. Mohanty and P.K. Mohanty
For the Respondent: M/s. S. Jena, G.C. Panda, S. Mohant M/s. D.K. Sahoo, and B.K. Behera

JUDGMENT :

In this second appeal, the unsuccessful plaintiff having suffered from the dismissal of her suit filed against the defendant-respondents in the first appeal filed by the defendant-respondents calls in question the judgment and decree passed by the lower appellate court in reversing the judgment and decree passed by the trial court.

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. The plaintiff’s case is that the defendants are her adjoining neighbours and they have their land adjacent to one another. The plaintiff is the owner of the land covered under plot nos. 2008 and 2012 measuring Ac.0.055 dec. and Ac.0.108 dec. respectively. The defendants are the owners of land under plot no. 2015 measuring Ac.0.090 decimals adjoining the land of the plaintiff as above on its east. The plaintiff claims to be having a pucca wall on the eastern extremity of her land which is said to be the wall dividing the land of the plaintiff on one side and defendants on the other stating the wall to be the boundary wall. The plaintiff next claims the said wall to be exc

































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