D.DASH
Bidyadhar Tripathy – Appellant
Versus
Amulya Kumari Giri – Respondent
JUDGMENT :
The Appellant, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’), has assailed judgment and decree dated 21.05.2008 and 01.07.2008 respectively passed by the learned District Judge, Keonjhar in R.F.A. No.32 of 2007.
By the same, the Appeal filed by the Respondent No.1 (Plaintiff) under section 96 of the Code has been allowed and her title over the suit land has been declared and possession thereof has been confirmed. These Appellants (Defendants 1 and 2) thus have been directed to deliver the possession of the suit land the Plaintiff by removing the barbed wire fencing therefrom.
The Respondent No.1, as the Plaintiff, had filed Title Suit No.65 of 1997 in the Court of learned Civil Judge, Senior Division, Keonjhar seeking declaration of her right, title, interest and possession over the suit land and in the alternative, recovery of possession from these Appellants (Defendants 1 and 2)
The suit having been dismissed by the Trial Court, the unsuccessful Plaintiff had carried the Appeal where she has been granted with the relief, as prayed for.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parti
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