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2016 Supreme(Ori) 1204

BISWANATH RATH
MAHANTA LAXMIDHAR DAS – Appellant
Versus
MAHANTA SRI GOPI DAS JI MAHARAJ – Respondent


Advocates Appeared:
Dr. Ashok Kumar Mohapatra, Senior Advocate, M/s. Alok Ku. Mohapatra, B. Panda, S.P. Mangaraj, T. Dash, S.K. Barik, S. Nath, A.K. Barik, Advocates, for the Petitioner; Mr. P.K. Mohanty, Senior Advocate, M/s. D.N. Mohapatra, J. Mahanta, P.K. Nayak, S.N. Dash, A. Dash and P.K. Pasayat, Advocates, for the Opposite Parties

JUDGMENT :

Biswanath Rath, J. - The present Civil Miscellaneous Petition arises out of an order dated 15.3.2016 passed by the District Judge, Puri in C.S. No. 2/34 of 2008/2003 appearing at Annexure-3 thereby allowing an application at the instance of the plaintiffs-opposite party Nos. 1 & 2 under Order 26, Rule 10A of the Code of Civil Procedure and also thereby directing for sending the signatures appearing in the petition, affidavit, vaklatnama and deposition of Mahanta Natabar Das in Probate Misc. Case No.19/13 of 1982 along with the present Will vide Ext.A to the Deputy Superintendent Handwriting Bureau, Rasulgarh, Bhubaneswar for comparison.

2. Short facts involved in the case are that the opposite party Nos.1 & 2 filed a suit under Section 263 & Section 283 of the Indian Succession Act read with Section 151 of C.P.C. and Section 47 of C.P.C. before the District Judge, Puri with a prayer for revoking or annulling the Will granted or probated and letters of administration in Probate Misc. Case No.14/5 of 2008/97 in favour of the defendant No.1 therein. During pendency of the suit, the plaintiffs-opposite parties Nos. 1 & 2 filed a petition under Order 26, Rule 10 (A) of C.P.C. w































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