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2022 Supreme(Ori) 311

D.DASH
Jagabandhu Majhi (Since dead) through his LRs – Appellant
Versus
Hira Mjahi (Since Dead) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.D.P. Mohanty, Advocate
For the Respondents:Mr.P.C. Mishra and T.Barik, Advocate

JUDGMENT :

The original Appellant, by filing this Appeal under Section- 100 of the Code of Civil Procedure (for short, ‘the Code’), had assailed the judgment and preliminary decree dated 02.04.2002 and 16.04.2002 respectively passed by the learned District Judge, Keonjhar in Title Appeal No.43 of 2002. The said original Appellant having died, his legal representatives have come on record and are pursuing this Appeal.

The First Appeal filed by the Respondent No.1 (Defendant No.3) under section 96 of the Code, being aggrieved by the judgment and preliminary decree dated 01.09.2001 and 06.09.2001 respectively passed by the learned Civil Judge, Senior Division, Keonjhar in T.S. No.67 of 1998, has been allowed and the Trial Court, having decreed the suit holding the Respondent No.1 (Defendant No.3), Respondent No.4 (Defendant No.4), Respondent No.6 (Defendant No.6) and Respondents 7 and 8 (Defendant No.7(a) and 7(b) respectively) to be not entitled to any share in Schedule-B and Schedule-C properties and directing the original Appellant (Plaintiff), Respondent No.2 (Defendant No.1), Respondent No.3 (Defendant No.2), Respondent No.5(Defendant No.5) and Respondnet No.7 (now Respondent 7(a

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