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2022 Supreme(Ori) 69

D.DASH
Hari Kolar – Appellant
Versus
Dosa Majhi – Respondent


Advocates Appeared:
Mr.Manoj Mishra, Sr. Advocate, Mr.T.Mishra, S.S. Parida, S. Das, B.S.Tripathy and S.K. Mishra (Advocates), for the Appellant; Mr.J.Patnaik, Sr. Advocate, Mr.B.S.Rayaguru, B.B. Ray, H.C. Boxipatra, H.M. Dhal; (Advocate), for the Respondent.

JUDGMENT

D.Dash, J. - The Appellants, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, 'the Code') have assailed the judgment and decree dated 27.09.1988 and 06.10.1988 respectively passed by the learned Additional District Judge, Jeypore in Title Appeal No.5/88 (19/87 of D.J).

By the same, the First Appellate Court, having allowed the First Appeal, has set aside the judgment and decree passed by the learned Additional Munsif, Umerkote in Title Suit No.4 of 1986.

The Trial Court having dismissed the suit, the unsuccessful Plaintiff had carried the Appeal under Section 96 of the Code. That having been allowed, now the unsuccessful Defendants are before this Court in the present Appeal in assailing the judgment and decree passed by the First Appellate Court in favour of the Respondents (Plaintiffs) by declaring their right, title and interest over the suit properties and directing the Appellants (Defendants) for delivery of possession of the same.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

3. The Plaintiff's case is that the Defe

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