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2022 Supreme(Ori) 328

D.DASH
President, K. S. U. B, College, Bhanjanagar – Appellant
Versus
Rabinarayan Rath – Respondent


Advocate Appeared:
For the Appellant :Mr. Maheswar Mohanty, Advocate
For the Respondent:Mr. P.C. Mishra, T.Barik and D.R.Mohapatra, 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 22.01.2002 and 05.02.2002 respectively passed by the learned Additional District Judge, Bhanjanagar in Title Appeal No.11 of 2000.

By the same, the judgment and decree dated 12.11.1990 and 29.11.1990 respectively passed by the learned Munsif, Bhanjanagar, in Title Suit No.31 of 1970 decreeing the suit filed by one Bishnupriya Rath, the original Plaintiff whose legal representatives are in her place since pendency of the First Appeal and have been arraigned in the present Appeal as the Respondents (Plaintiffs), have been confirmed. The suit has thus been decreed directing the Appellants (Defendants) to deliver the vacant possession of the suit land to the Plaintiff.

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 original Plaintiff purchased Ac.4.51 cents of padar land in appertaining to Khata No.129, Plot No.363-1/D.6 in Mouza-Lalsing as described in the plaint from Udayanath Rout by registered

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