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2018 Supreme(Ori) 96

A.K.RATH
Subash Chandra Panigrahi – Appellant
Versus
Adrusanti Pradhan – Respondent


Advocates Appeared:
For the Appellant : Mr. D.P. Mohanty, Adv.

JUDGMENT :

A.K. Rath, J.

This is an appeal by defendants 1 and 3 against confirming judgment.

2. Plaintiff-respondent no.1 instituted the suit for permanent injunction. Case of the plaintiff was that Survey No.60 appertaining to C.P No.115-A/65 measuring Ac.0.11 cents of Mouza-Lunighati-Gopinathpur originally belonged to the deity Sri Sri Gopinath Mahaprabhu. On 29.1.1971, one Sridhar Panigrahy purchased the suit land from the manager of the deity. He was in possession of the land. On 12.3.1979, he alienated 10 cubits breadth from east to west from eastern side to one Bhagaban Prusty, 15 cubits breadth from the western side to the plaintiff and the remaining 5 cubits in the middle to Madhusudan Prustry by means of sale deeds and delivered possession to the vendees. The settlement operation in the area, where the land falls, started in the year 1979. They filed an application before the Assistant Settlement Officer to record the land in their favour. Defendant no.1 produced a copy of the registered sale deed dated 23.2.1979 claiming that he had purchased the entire Ac.0.11 dec. of land from Sridhar. Sridhar, vendor of the plaintiff, appeared before the Settlement Officer and denied exe












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