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2013 Supreme(Ori) 509

S.K.MISHRA
SHRIMATI BASANTI JENA – Appellant
Versus
APANI BEWA – Respondent


Advocates Appeared:
P.K. Singh, P.P.K. Pandit and A. Behera, for the Appellant; Biswanath Rath, Jagannath Rath, S.K. Mishra and S. Mishra, for the Respondent

JUDGMENT :

S.K. Mishra, J. - Heard Learned Counsel for the parties. A Composite order passed on 08.04.2013 in Civil Suit No. 110 of 2009 of the Court of 1st Addl. Civil Judge (Senior Division); Bhubaneswar is the subject matter of challenge in this Writ Petition. The petition filed by the Defendant Nos. 7 & 8 for the acceptance of written statement was allowed. A petition filed to reject the counter claim submitted by the Defendant Nos. 7 & 8 & for exclusion of counter claim submitted by the Defendants was rejected. A petition filed by Defendant No. 2 for rejection of written statement submitted by the Defendant Nos. 7 & 8 was also rejected. Petition filed by the Plaintiff to reject the written statement of the Defendant Nos. 7 & 8 was also rejected.

2. The present Petitioner, being the Plaintiff of Civil Suit No. 110 of 2009 has filed an application for setting aside the aforesaid order. The suit has been filed for declaration of right, title & confirmation of possession & in the alternative for recovery of possession of the suit land from the Defendants. The Defendant Nos. 7 & 8 appeared in the case & on 28.08.2009 filed their written statement along with a petition for acceptance





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