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2019 Supreme(Ori) 253

A.K.RATH
Basanta Manjari Devi – Appellant
Versus
Santosh Sablok – Respondent


Advocates:
Advocate Appeared:
D.C. Mohanty, Adv., R.N. Acharya, Adv., D.P. Mohanty, Adv., Samapika Mishra, Adv.

JUDGMENT :

A.K.RATH, J.

1. This petition challenges the order dated 2.8.2016 passed by the learned Additional Civil Judge (Sr.Division), Puri in C.S.No.04/311 of 2006-2004, whereby and whereunder, learned trial court has rejected the application of the plaintiff-petitioner to expunge a portion of the affidavit of evidence filed by defendant-opposite party no.1 and strike out issue no.4.

2. The plaintiff-petitioner instituted the suit for declaration that she is the owner in possession of the properties mentioned in Schedule A, B, E & F and entitled to the moveable properties mentioned in Schedule C & D, the legal heirs certificate as well as the order of mutation are void and not bind on her, recovery of possession, in the event she is dispossessed from the suit property during pendency of the suit and consequential reliefs. The case of the plaintiff is that she is the daughter of Madan Mohan Das and Manorama Devi. Her father and mother died on 2.1.1994 and 31.7.2000 respectively. Her brother Srikumar Das was a bachelor. He was a paraplegia patient. He was working as Clerk in the Fishery Department. He died on 8.6.1998 while in service. His obsequies were performed by her son Bibaswat

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