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2023 Supreme(Ori) 214

A. C. BEHERA
Gandharba Pradhan – Appellant
Versus
Bishnu Charan Pradhan – Respondent


Advocates:
Mr. B.Ch. Panda, M. Dash and Debsis Nanda, Advocate, for the Appellant; Mr. N.K. Sahu, B.S. Swain and Pranaya Swain, Advocate, for the Respondent.

JUDGMENT

A.C. Behera, J.

This 2nd appeal has been preferred against the confirming judgment.

2. The appellants and respondents of this 2nd appeal were the plaintiffs and the defendants in the suit vide T.S. No.192 of 2002 and they were the appellants and respondents respectively in the 1st appeal vide T.A. No.73 of 2007.

The suit of the plaintiffs(appellants) vide T.S. No.192 of 2002 was a suit for permanent injunction against the defendants (respondents) under Section 44 of the T.P. Act, 1882.

As per the averments made by the plaintiffs in the plaint, the genealogy of their family is as follows:-

3. According to the aforesaid genealogy provided by the plaintiffs, Burundhu Pradhan was their common ancestor. Burundhu Pradhan died leaving behind his two sons, i.e., Kanduri and Mani. Kanduri died leaving behind his only son Saunti(defendant no.3). The 2nd son of Burundhu, i.e., Mani died leaving behind his two sons, i.e., Purusottam and Sridhar. Purusottam died leaving behind his only son Gandharba (plaintiff no.1). Sridhar died leaving behind his widow wife Tara (plaintiff no.2) and one daughter, namely, Sulochana(plaintiff no.3).

4. As per the averments made by the plaintiffs in their pl

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