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2021 Supreme(Ori) 125

D.DASH
Basudev Das – Appellant
Versus
Ganeswar Mallik – Respondent


Advocates Appeared:
M/s. Bhaskar Chandra Panda, S. Mishra, J.N. Panda, K. Rout, Advocates, (In Both Rsas), for the Appellant; M/s. Ashok Ku. Rout, B.N. Behera, H.P. Mohanty, P.K. Sethi, K.K. Dash, Advocates, for the Respondent.

JUDGMENT

D. Dash, J. - Since both the Appeals arise out of a common judgment followed by the decrees passed by the learned Addl. District Judge, Salipur in RFA No.08 of 2020 and RFA No. 09 of 2020; those had been heard together for their disposal by common judgment.

The Respondent as the Plaintiff had filed Civil Suit No.731 of 2016 in the Court of learned Senior Civil Judge, Salipur. He has claimed a declaration in respect of his right, title, interest and possession over the suit land with further prayer of injunction. The Defendants entering appearance while filing the written statement had raised counter claim seeking declaration of their right, title, interest and possession over the suit land being the lawful purchasers vide valid sale-deed bearing No.578 dated 28.02.1983. The Trial Court having dismissed the suit; decreed the counter claim.

The unsuccessful Plaintiff being aggrieved filed two Appeals under Section-96 of the Code of Civil Procedure (in short hereinafter called as 'the Code') which stood numbered as RFA No.08 of 2020 and RFA No.09 of 2020. In these two Appeals, the Plaintiff challenged the dismissal of his suit in not granting any relief as prayed for by him as w

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