Akshaya Kumar Majhi vs Satyanarayan Rajkua

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2023 Supreme(Ori) 226

D. DASH
Akshaya Kumar Majhi – Appellant
Versus
Satyanarayan Rajkua – Respondent

Advocates:
Mr. P.K. Kar, Advocate, for the Appellant; Mr. P.K. Nayak, Advocate (R-1), Mr. G.N. Rout, Addl. Standing Counsel, for the Respondent.

Headnote: Read headnote

JUDGMENT

D. Dash, J.

The Appellant, by filing this Appeal under Section-100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dated 26.12.2022 and 05.01.2023 respectively passed by the learned Additional District Judge, Kuchinda in R.F.A. No.07 of 2017.

The Respondent No.1 as the Plaintiff had filed the suit for declaration of his possessory title over the suit land and issuance of permanent injunction against the present Appellant (Defendant No.3) from entering into the suit land, constructing any house over there as also interfering in the peaceful possession of the Plaintiff over the same.

The suit having been decreed, this Appellant (Defendant No.3) having suffered from the same have carried the Appeal under section-96 of the Code, which has also been dismissed. Hence, the present Second Appeal.

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 Trial Court.

3. Plaintiff

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