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2022 Supreme(Ori) 326

D.DASH
Narendra Kumr Sahoo – Appellant
Versus
Prahallad Sahoo – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D.P. Mohanty, Advocate

JUDGMENT :

D. Dash, J.

The Appellants, by filing this Appeal under Section 100 Civil Procedure Code (for short, ‘the Code’), have challenged the judgment and decree dated 18.04.1992 and 21.04.1992 respectively passed by the learned 1st Additional District Judge, Cuttack in Title Appeal No.27 of 1983.

By the same, the judgment and decree dated 26.02.1983 and 11.03.1983 respectively passed by the learned Subordinate Judge, Cuttack in Title Suit No.341 of 1979.

The Respondents, as the Plaintiffs, having filed the suit, had lost in the Trial Court. The suit has been decreed by the First Appellate Court and the Appeal filed by the unsuccessful Plaintiffs under Section 96 of the Code has been allowed. The Present Appellants (Defendants) having thus suffered from the judgment and decreed passed by the First Appellate Court, have come up in this Second Appeal.

It may be stated at this stage that Appellant No.2 (Defendant No.2) having died during pendency of this Appeal, his legal representatives have come on record.

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 Suit.

3. The Plaint

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