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2023 Supreme(Ori) 187

D. DASH
Radhakanta Kar – Appellant
Versus
Sumitra Mahapatra @ Mohanty – Respondent


Advocates:
Mr.S.P.Mishra, Sr. Advocate, for the Appellant; Mr. Satyabrata Mohanty, Advocate, for the Respondent.

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 & decree dated 29th February, 2020 and 6th March, 2020 respectively passed by the learned District Judge, Ganjam at Berhampur in R.F.A. No.68 of 2018.

The Appellant, as the Plaintiff, had filed Civil Suit No.30 of 2013 in the Court of the learned Additional Senior Civil Judge, Berhampur. The suit was for declaration that the Will dated 19.01.1996 (Ext.X) is valid and has clothed the Appellant (Plaintiff) with the right, title, interest and possession in respect of the suit land covered under said Will to be resting with him. With further prayer to declare the settlement record of right of the year 2004 as illegal and Respondent No.4 (Kedarnath) be declared as not the adopted son of Gobinda Mohapatra and Rajamani Mohapatra. It was further prayed that the alienation made by the Respondents (Defendants) in respect of the suit properties are all void and not binding on the Appellant (Plaintiff) followed by issuance of injunction.

The suit, having been dismissed, an Appeal under Section 96 of the Code, being filed, the same ha

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