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2023 Supreme(Ori) 189

D. DASH
Santilata Sahoo – Appellant
Versus
Kanchanlata Das – Respondent


Advocates:
M/s. Bibekananda Bhuyan, Advocate, S.S. Mohapatra, S. Sahoo, Advocate and A.K. Biswal Advocate, for the Appellant; M/s. H. N. Mohapatra, Advocate and S. Behera, R. Sethy, Advocate, for the Respondent.

JUDGMENT

D. Dash, J.

The Appellants, by filing these Appeals, under Section 100 of Code of Civil Procedure, 1908 (for short, 'the Code'), have assailed the judgment and decree dated 05.09.2019 & 18.09.2019 respectively passed by the learned 1st Additional District Judge, Bhubaneswar in R.F.A. No.119 of 2018 and the Cross Appeal No.8 of 2018 arising therefrom.

The Respondent No.1 as the Plaintiff had filed Civil Suit No.279 of 2012 in the Court of Civil Judge, Senior Division, Bhubaneswar. The suit having been dismissed on the ground that it is not maintainable for the reliefs claimed while recording the findings on all other controversial issues in favour of the Respondent No.1 (Plaintiff); the Respondent No.1 (Plaintiff) had carried the Appeal under section 96 of the Code. The Appellants being the Defendant No.1 to 4 had filed the Cross Appeal challenging the findings returned by the Trial Court in favour of the Plaintiff and against them. The First Appellate Court has allowed the Appeal and decreed the suit filed by the Respondent No.1(Plaintiff). Accordingly, the Cross Appeal filed by the Appellants (Defendant No.1 to 4) has been dismissed. The present Second Appeals are at the beh

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