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2021 Supreme(Ori) 280

D.DASH
Sovalata Behera @ Dei – Appellant
Versus
Gangadhar Moharana – Respondent


Advocates Appeared:
Mr.R.K. Mohanty, Sr. Advocate, D.M. Mohanty, S. Mohanty, A. Mohanty and S.N. Biswal, for the Appellant; Mr.T.K. Mishra, S.K.Nanda-1, N. Swain and K.S. Sahoo, Mr.T.R.Mohanty, for the Respondent.

JUDGMENT

D. Dash, J. - The Appellants, by filing this Appeal under Section 100 of the Civil Procedure Code (for short, 'the Code') have assailed the judgment and decree dated 06.04.2013 and 18.04.2014 respectively passed by the learned District Judge, Kendrapara in R.F.A. No.36 of 2010.

By the said judgment and decree, the Appeal filed by the unsuccessful Plaintiff, under section 96 of the Code, has been allowed and the right, title and interest and possession of the Plaintiffs have been declared whereby the present Appellants (Defendants) have been permanently restrained from entering upon the suit land and dispossess the Original Plaintiff, the predecessor-in-interest of these Respondents in demolishing his residential house and cowshed standing over it. With such declaration and injunction, the following however has been further indicated in the order:

    'the prayer to declare the order dated 30.06.2001 passed in OLR Misc. Case No.6 of 1996 by Sub-Collector, Kendrapara as invalid is partly allowed.'

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. It may be mentio

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