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2018 Supreme(Ori) 801

S.N.PRASAD
SAKUNTALA MISHRA – Appellant
Versus
JAGDEEP PRATAP DEO – Respondent


Advocates Appeared:
M/s. Upendra Kumar Samal, C.D. Sahoo, S.P. Patra, S. Naik and M.R. Mohapatra, Advocates, for the Petitioners; M/s. Prafulla Kumar Rath, S.K. Pattnaik, A.K. Rout, R.N. Parija, S.K. Behera, P.K. Sahoo and A. Behera, Advocates, for the Opp.Party

JUDGMENT :

S.N. Prasad, J. - This writ petition is under Article 227 of the Constitution of India invoking the supervisory jurisdiction of this court by assailing the order DATED 30.3.2017 passed by the Civil Judge (Sr. Division) Sundargarh in C.M.A. No.2 of 2017 and Revisional order dated 31.10.2017 passed by the District Judge, Sundargarh in Civil Revision No.2 of 2017 have been assailed.

2. The brief fact of the case is that the opposite party being the plaintiff had filed Title Suit No.3 of 1998 in the court of Civil Judge (Sr. Division), Sundargarh for declaration of right, title and interest over schedule 'A' land and for recovery of possession and permanent injunction.

The plaintiff's case in brief is that the suit land appertaining to Hal Khata No.507, Hal Plot No.3/4035, area Ac.0.140 decimal of Mouza Tal Sankara, district Sundargarh was recorded in the name of Birender Sekhar Deo and his brother Bharatendra Sekhar Deo. As per amicable settlement in between the brothers, the suit land fell into the share of Bharatender Sekhar Deo who sold the suit land to the plaintiff for a consideration of Rs. 27,000/- and executed two sale deeds dated 08.10.1990 and 9.10.1990, the possessi



























































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