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2021 Supreme(Ori) 273

D.DASH
Bishnu Bhukta (since Dead) Through His Lrs. – Appellant
Versus
Ananta Dehury – Respondent


Advocates Appeared:
M/s. Bhaktahari Mohanty, D.P. Mohanty, R.K. Nayak, T.K. Mohanty & P.K. Swain, ; M. Pal, Advocates, for the Appellant; M/s. A.P. Bose, N. Hota, B.P. Saho & V. Kar, Advocates, for the Respondent.

JUDGMENT

D. Dash, J.- The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, 'the Code') has challenged the judgment and decree passed by the learned District Judge, Boudh in RFA No.12 of 2013.

By the said judgment and decree, the First Appellate Court while dismissing the Appeal filed by the present Appellant (defendant) under section 96 of the Code has confirmed the judgment and decree passed by the learned Civil Judge (Junior Division), Boudh in under Civil Suit No.76 of 2011.

The Respondents as the Plaintiffs had filed the suit for declaration of their right, title, interest and confirmation of their possession in the suit land with further declaration that the registered deed of gift dated 02.09.1967 said to have been executed by their maternal grandmother, namely, Sapura Dehuri in favour of Bilasha Dehuri is illegal and void, so also the Will dated 12.04.2011 purported to have been executed by Late Biranchi Dehuri in favour of the Appellant-Defendant. Further, relief of permanent injunction has also been sought for.

The Suit having been decreed, this Appellant-Defendant which has also been dismissed.

2. For the sake of convenience

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