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2021 Supreme(Ori) 216

BISWANATH RATH
State Of Orissa – Appellant
Versus
Ramesh Chandra Swain & Ors – Respondent


Advocates Appeared:
S. Palit, Advocate, S. Ghose, Advocate, S.P. Mishra, Advocate, S.N. Biswal, Advocate, S. Sarangi, Advocate, R. Dash, Advocate, B. Sahoo, Advocate, D. Mahapatra, Advocate, N.K. Mishra, Advocate, H.S. Mishra, Advocate, B. Rout, Advocate

JUDGMENT

Biswanath Rath, J. - The review petition under Order 47 Rule 1 of the C.P.C. at the instance of the State-Respondent arises out of the judgment dated 27.06.2012 passed in Miscellaneous Appeal No.994 of 2001 by the High Court thereby reversing the judgment in T.A. No.4/17 of 2001/1992 dated 12.10.2001 by the learned District Judge, Bhubaneswar interfering in a judgment and decree passed by the trial Court in O.S. No.203 of 1988-I.

2. Short background involved in this case is that the Respondent joining together filed O.S. No.203 of 1988-I in the Court of Munsif, Bhubaneswar making the State of Orissa as Defendant. The suit was filed for declaring the Plaintiffs as the owners over the land under their possession and for correction of the Record of Rights accordingly and thereby intimating the Collector, Puri to correct the Record of Rights involving the suit scheduled property therein; the property more particularly Khata No.38, Mouza-Bomikhal, Plot Nos.13 to 18 also giving therein the corresponding Khata No.109 under Mouza-Bomikhal bearing corresponding plot nos.25, 26, 3

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