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2008 Supreme(Ori) 570

A.S.NAIDU
ABALA MOHAPATRA – Appellant
Versus
KRUSHNA CH. TRIPATHY – Respondent


Advocates Appeared:
P. Kar and Associates, for the Appellant; B. Bhuyan and Associates, for the Respondent

JUDGMENT :

A.S. Naidu, J. - Admittedly the Appellant as Plaintiff had filed T.S. No. 362 of 1987 in the court of then 2nd Addl. Subordinate Judge (presently Civil Judge, Senior Division), Cuttack praying for a decree of permanent injunction and realisation of damages of Rs. 6,400.00 against fourteen Defendants.

2. The suit lands appertain to Sabak Settlement Plot No. 1211 of Khata No. 693 corresponding to Hal Settlement Plot No. 286 of Khata No. 251 measuring Ac. 0.60 decimals out of Ac. 1.365 decimals of village Bahar Bisinabar, Cuttack Town as per Schedule 'A' to the pliant.

3. This being a Second Appeal without dilating the facts, it will suffice to say that the Plaintiff claimed right, title and interest over the disputed lands by virtue of a sale deed said to have been executed in her favour by Tilotama Praharaj.

According to the Plaintiff, the disputed lands were part and parcel of an intermediary estate of late Chadrasekhar Praharaj, husband of Tilotama and situated at Mouza Bahar Bisinabar under Sidheswarpur Estate. After vesting of the estate, the same were settled in favour of Tilotama. On the other hand, according to the Defendants, Chandrasekhar Praharaj was never the inter




































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