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2021 Supreme(Ori) 470

D.DASH
Abdul Ghani Ansari – Appellant
Versus
Biswanath Kalo (dead) – Respondent


Advocates Appeared:
M/s. U.K.Samal, C.D.Sahoo, S.P.Patra and S. Naik, Advocates, for the Appellant; M/s. B.Sahoo, B.Mohanty, P.K.Patel, A.Tripathy, Advocates, for the Appellant; Mr. Byomokesh Sahoo, Advocate, Addl. Standing Counsel, for the Respondent.

JUDGMENT

D.Dash, J. - The Appellant, by filing this Appeal under section 100 of the Code of Civil Procedure (for short, the Code), has assailed the judgment dated 20.08.2011 passed by the learned Adhoc Additional District Judge, Sundargarh in R.F.A. No.13/566 of 2009-11. By the same, the judgment and decree dated 06.03.2009 and 19.03.2009 respectively passed by the learned Civil Judge (S.D.), Sundargarh, in C.S. No.64 of 2006 have been confirmed.

This Appellant, as the Plaintiff, had filed the Suit for declaration of his right, title and interest over the suit land and confirmation of possession with further prayer to declare the entire proceeding and the decision rendered in Misc. Case No.3 of 1998 by the Officer on Special Duty (Land Reforms), Sundargar arraigned as Defendant No.3 as also the Appeal proceeding and the decisions rendered by the Additional District Magistrate, Sundargarh in R.A. No.49 of 2002.

2. For the sake of convenience and clarity as also to avoid confusion; the parties hereinafter have been referred to in the same rank as assigned to them in the original proceeding before the Trial Court. Heard learned counsel for the Appellant and the learned counsel for the Re

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