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2021 Supreme(Ori) 374

D.DASH
Raj Kishore Panda – Appellant
Versus
Government Of Odisha – Respondent


Advocates Appeared:
S.P. Mishra, Advocate, S. Mishra, Advocate, G.N. Parida, Advocate, A. Agarwal, Advocate, B. Jena, Advocate, S. Swaroop, Advocate, N. Sharma, Advocate, M. Mohanty, Advocate, E. Agarwal, Advocate

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 and decree dated 19.10.2019 and 06.11.2019 respectively passed by the learned 2nd Additional District Judge, Balasore in RFA No.95/81 of 2013- 2009.

    By the said judgment and decree, the lower Appellate Court has confirmed the judgment and decree dated 20.05.2009 and 20.06.2009 respectively passed by the learned Civil Judge (Senior Division) in C.S. No. 1038 of 2005-I.

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 Trial Court.

3. The unsuccessful Plaintiff s case is that the suit schedule land was originally belonging to Ex-Intermediaries, Choudhury Balabhadra Das and others and it was recorded as per the C.S. record under khata No. 353 under Danda kisam. It is stated that said Ex-Intermediary keeping the request of Radhakrushna Panda who happens to be the father of the Plaintiff while in possession of the suit land issued Amalanama Patta in favour of the Plaintiff. Said patta is said to have been granted on 01.04.

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