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2008 Supreme(Ori) 757

SANJU PANDA
KASTURA SAHU – Appellant
Versus
SUSHILA SETH – Respondent


Advocates Appeared:
Rabindra Kumar Sahoo, for the Appellant; S. Mishra, J. Sengupta, D.K. Panda, M. Mishra, G. Sinha and A. Mishra, for the Respondent

JUDGMENT :

Sanju Panda, J. - This is an application under Article 227 of the Constitution of India. Challenge has been made in this writ petition to the order dated 5.12.2006 passed by the learned Civil Judge (Senior Division), Bolangir in Final Decree Title Suit No. 45 of 1979 allowing the application of the opposite parties and directing the office to carry out the correction of the Schedule-B property from an area of Ac.12.31 decs. to Ac.58.99 decs. The said order was challenged by the Petitioners before the learned District Judge, Bolangir in Civil Revision Petition No. 10 of 2006 who by order dated 23.2.2007 dismissed the civil revision as not maintainable after the amendment of the CPC in the year 2002.

2. The facts, as narrated in the records, are as follows:

The Petitioners are Defendants in Final Decree Title Suit No. 45 of 1979 which was filed by one Dasa Seth in the court of Subordinate Judge, Bolangir (now Civil Judge (Senior Division). After his death, his legal heirs were substituted in the suit. The original plaint was filed for partition of Ac.12.31 decimals of land described in Schedule-B. The suit was decreed on 8.5.1991 and the decree was drawn up on 17.6.1991. It w







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