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2021 Supreme(Ori) 275

S.MURALIDHAR, B.P.ROUTRAY
Raghunath @ Raghu Barik – Appellant
Versus
Hemalata Barik – Respondent


Advocates Appeared:
Mr. S. Mishra, Advocate, for the Appellant;Mr. Maheswar Mohanty, Advocate, for the Respondent.

JUDGMENT

B.P. Routray, J. - The present appeal has been directed against the judgment dated 24th March, 2000 of the learned Single Judge in First Appeal No.289 of 1979 whereby the judgment and decree dated 10th September, 1979 of the learned Subordinate Judge, Keonjhar in T.S. No.19 of 1977 was set aside.

2. The present Appellants were the Defendants in the learned trial court and the Respondents were the Plaintiffs. For convenience, the parties are referred with their status as they were before the learned trial court.

3. The Plaintiffs filed Title Suit (TS) praying for declaration of their title, confirmation of possession and permanent injunction. The claim of the Plaintiffs is based on their adverse possession over Schedule-A properties.

4. The parties in dispute are the descendants of the common ancestor, namely, Sadhu Barik. He had three sons, namely, Sibanath, Jayi and Ninuha. The Defendants belong to the branch of Sibanath, Plaintiffs Nos.1 to 6 belong to the branch of Jayi and Plaintiff No.7 is the daughter of Ninuha.

5. Learned trial court framed five issues which are as follows: ' 1. If the suit was maintainable ? 2. If the Plaintiffs have cause of action to file the suit? 3.

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