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2016 Supreme(Ori) 947

BISWANATH RATH
Sunamani Sahoo – Appellant
Versus
Babaji Sahoo – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. P. Kar, A. Mohanty, D.K. Swain, J. Behera, M.R. Satpathy
For the Opposite party : K.C. Kar, C.R. Kar

JUDGMENT :

Biswanath Rath, J.

This writ petition has been filed challenging the order under Annexure-7 to this petition passed by the Commissioner Consolidation, Orissa in Consolidation Revision Case Nos.1743/93 to 1747/93 filed under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.

2. In assailing the impugned order, learned counsel for the petitioners contended that the revision petition was filed accompanying an application under Section 5 of the Limitation Act vide Annexure-6 seeking condonation of delay in filing the revision after seven years on the ground that the private opposite parties with malafide and capricious intentions influencing the local authorities have got the suit land illegally and erroneously recorded their names alone excluding the names of the petitioners. The order has been obtained behind back of the petitioners. The revisional authority on illegal appreciation of the explanation on delay in filing the revision rejected the revision on the premises of limitation alone and thus learned counsel for the petitioners sought for interference of this Court in the impugned order and thereby by setting aside th






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