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2022 Supreme(Ori) 327

D.DASH
Tulasi Sahoo – Appellant
Versus
Basanta Kumar Pradhan – Respondent


Advocate Appeared:
For the Appellant :Mr. D.P. Mohanty, J.K. Bastia, R.K. Nayak & T.K. Mohanty, Advocates
For the Respondent:Mr. S.N. Mohanty, N.C. Pattnaik, A.C. Baral, H.S. Mohanty, P.K. Rout, D.K. Bhoi, Advocates

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 dated 18.02.1999 and 15.03.1999 respectively passed by the learned 2nd Additional District Judge, Bhubaneswar in title Appeal No.9/51 of 1998/1997.

By the same, the Appeal filed by the present Appellants (Plaintiff No.1 to 4 and 7 & 8) as well as Respondents Nos.12 to 14 (Plaintiff Nos.5, 6 & 9) under section 96 of the Code has been dismissed and the judgment and decree dated 28.06.1997 and 17.07.1997 respectively passed by the learned Civil Judge, Junior Division, Bhubaneswar in T.S. No.28 of 1993-I have been confirmed. The Appellants (Plaintiffs), being non-suited by the Trial court where their suit stood dismissed, the move of the Appellants (Plaintiffs) by filing the First Appeal has also been unsuccessful.

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 Plaintiffs’ case is that one Nidhi Sahoo had three sons, namely, Bhramarabar, Banambar and Krupasindhu; all are dead. The Plaintiff Nos.1 to 6 ar

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