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2021 Supreme(Ori) 79

D.DASH
Nityananda Nayak – Appellant
Versus
Biswanath Kalo – Respondent


Advocates Appeared:
For the Appellant : U.K. Samal, C.D. Sahoo, S.P. Patra and S. Naik
For the Respondents: Byomokesh Sahoo and B. Saho

JUDGMENT :

D. Dash, J.

1. The Appellant, by filing this Appeal under section 100 of the Code of Civil Procedure (for short, 'the Code'), has assailed the judgment and decree dated 04.09.2012 and 15.09.2012 respectively passed by the learned Additional District Judge, Fast Track Court, Sundargarh in R.F.A. No. 12/36 of 2009-11. By the same, the judgment and decree dated 06.03.2009 and 19.03.2009 respectively passed by the learned Civil Judge (S.D.), Sundargarh, in C.S. No. 63 of 2006 have been confirmed.

    This Appellant, as the Plaintiff, had filed the Suit for declaration of his right, title and interest over the suit land and confirmation of possession with further prayer to declare the entire proceeding and the decision rendered in a proceeding under the Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribe) Regulation, 1956 (hereinafter, for short called as 'the Regulation 2 of 1956') in Misc. Case. No. 4 of 1998 by the Officer on Special Duty (Land Reforms), Sundargarh arraigned as Defendant No. 3 as also the decision rendered in the Appeal proceeding by the Additional District Magistrate, Sundargarh in R.A. No. 49 of 2002.

2. For the sake of convenience and clar

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