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1995 Supreme(Ori) 282

D.P.MOHAPATRA
RAMACHANDRA SWAIN – Appellant
Versus
DURYODHAN MOHAPATRA – Respondent


Advocates Appeared:
R.K. Mohapatra, B. Routray, U.C. Panda and S.S. Das, for the Appellant; B.B. Mohanty, Md. Irshad, N. Jujharsingh and M.M. Ali, for the Respondent

JUDGMENT :

D.P. Mohapatra, J. - Defendant No. 3 in the suit has filed this second appeal against the judgment and decree of the lower appellate Court reversing the decision of the trial Court and decreeing the suit for specific performance of contract of sale of the suit land. The suit land, as described in the schedule to the plaint is :

"District Cuttack, S. R. Tirtol, Touzi No. 2484 Mouza-Raypur patna, Sthitiban Khata No. 134/13 (sabak) plot No. 20, A. O. 21 dec. and plot No. 21, A. O. 20 dec. total A. 0. 41 dec. out of A. 1. 18 dec. towards east, bounded by-

N. Bira Sethi and Babaji Sethi,

S. River,

E. Dhaneswar Behera,

W. Keshab Rout."

2. Plaintiff-respondent No. 1 Duryodhan Mohapatra filed title Suit No. 68 of 1979 against Gopinath Satapathy (since deceased and substituted by defendants 1,1 /a and 1/b). Laxmidhar Satapathy and Ramachandra Swain, respondents 1, 2 and 3 respectively, with the prayers that defendants 1 and 2 be directed for executing and registering the sale deed with respect to the suit land in favour of the plaintiff after receipt of the balance consideration of Rs. 500/- within a lime fixed by the Court, otherwise the sale deed may be executed by the Court after d




















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