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2008 Supreme(Ori) 616

B.S.CHAUHAN, B.N.MAHAPATRA
RADHA KRISHNA PADHI – Appellant
Versus
BHAJAKRUSHNA PANDA – Respondent


JUDGMENT :

B.S. Chauhan, C.J. - These appeals have been filed by the Appellant against the Judgment and order of the Learned Single Judge dated 26th April, 1994 dismissing the First Appeal Nos. 145 of 1971 and 9 & 15 of 1972, against the Judgment and decree dated 25th September, 1971 passed by the Subordinate Judge, Berhampur in Title Suit No. 6 of 1969 (Urmila Padhi v. Judhisthiro Padhi and Ors.).

2. The matters relate to the partition of immovable properties of the descendants of one Nirakar Padhi. The pedigree of the descendants is as follows:

Nirakar Padhi

|

--------------------------------------

Srinibas Judhisthiro (D.1)

| (died during pendency of the suit).

Khalli |

(died in 1944) |

= Urmila (Plaintiff) |

(died on 20.4.69) |

|

--------------------------------------------

Ramanath Radhakrishna Mahalakshmi

Padhi(D.2) Padhi (D.3) (D.1/c) Married to

| Jaganriath Padhi

Kanchan |

Padhi (D.6) Kishore Padhi

wife (D.5)

3. As per the genealogy, Judhisthiro Padhi had two sons, namely, Ramanath Padhi (D.2) and Radhakrishna Pad hi (D.3), and one daughter Mahalakshmi (D.1/c), who was married to Jagannath































































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