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2015 Supreme(Ori) 577

D.DASH
Sritela Mahakud – Appellant
Versus
Okil Behera – Respondent


For Appellant :M/s.A.K.Sahu, A.K.Misra, advocates.
For Respondent:M/s. S.N.Mohapatra, K.R.Mohapatra,S.Ghose, S.Misra, advocates.

JUDGMENT

This appeal has been filed challenging the judgment and decree passed by the learned Sub-Ordinate Judge, Bargarh in Title Appeal No. 03 of 1990.

The respondent no. 1 as the plaintiff had filed the suit for declaration that he is the adopted son of late Bansidhar Behera and Gouri Behera and that the defendant-appellant is not the daughter of said Bansidhar and Gouri. The suit having been dismissed, the plaintiff/respondent had carried an appeal. The appellate Court has reversed the finding of the trial Court and finally held the plaintiff/ respondent to be the adopted son of Bansidhar and Gouri. However, the finding of the trial Court that the defendant / appellant is the daughter of Bansidhar and Gouri has been affirmed. Therefore, now unsuccessful defendant has filed this appeal.

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 Court below.

3. The case of the plaintiff is that, he is the natural born son of one Mrutyunjaya Behera. Bansidhar Behera is the cousin brother of Mrutyunjaya and Gouri was his wife. Plaintiff being the second son of Mrutyunjaya was born in




















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