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2022 Supreme(Ori) 310

D.DASH
Gandharba Barik – Appellant
Versus
Bira @ Biramani Barik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.B. Mishra, P.K. Parida, B.C. Panda, J.N. Panda, Advocate
For the Respondent:Mr. S.P. Mishra, Sr. Advocate

JUDGMENT :

The Appellants, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’), have assailed the judgment and decree passed by the learned Additional District Judge, FTC-II, Cuttack in T.A. No.87 of 1998.

By the same, the First Appeal filed by these Appellants (Plaintiffs) under section 96 of the Code, has been dismissed whereby the judgment and decree passed by the learned Civil Judge, Senior Division, Cuttack in T.S. No.90 of 1994 have been confirmed.

These Appellants, as the Plaintiffs, had filed the suit seeking the relief of declaration that the entry of the name of Respondent No.1 (Defendant No.1) in the record of right in the Hal Settlement in respect of the land in Mouza-Sana-Waubari in the year 1983 concerning the properties described in Schedule-B of the plaint as well as the entry of the name of Respondent No.1 (Defendant No.1) in the Consolidation Record of Right appertaining to the properties situated in Mouza-Parbatipur are liable to be deleted. It has been further prayed to set aside the sale deed dated 20.01.1950 executed by Rama Bewa by declaring the same as illegal, inoperative and void. Further prayer had also been made fo

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