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2000 Supreme(Ori) 570

P.C.NAIK, B.P.DAS
GOPAL KRISHNA BADU MOHAPATRA – Appellant
Versus
GIRISH CHANDRA NAIK – Respondent


Advocates Appeared:
Shri T. Mishra, for the Appellant; Shri R. Mohapatra, for the Respondent

JUDGMENT :

B.P. Das, J. - This writ petition arises out of an order passed by the District Judge, Puri, in C. R. No. 56 of 1999 confirming the order of the Addl. Civil Judge (Senior Division), Puri, in O. S No. 90/211 of 1981/1977-1 in rejecting three petitions filed by the petitioners, namely, (1) to call for an unregistered will from the Court of the Civil Judge (S. D.). Puri, which has been kept in a sealed cover in the office of the District Judge, Puri, in Probate Case No. 1/85, re-numbered as O. S. No. 116/88; (2) to direct the Sub-Registrar, Puri, to cause production of the registered sale deeds bearing No. 4697 dated 18-11-1955 and No. 4698 dated 18-11-1973 and (3) to direct the plaintiffs to produce the registered sale deed bearing No 2578 dated 29-6-1923 executed by Rani Hemanta Kumari Devi, which is in possession of the plaintiffs.

2. The trial court after hearing parties rejected the first petition to call for the will on the ground that the same has no bearing on the subject-matter of the suit which is a suit for eviction of the first defendant from the room standing on the disputed property, The second petition was rejected with the finding that the parties have not rel












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