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2024 Supreme(Ori) 65

D. DASH
Sribash Sarkar (Since Dead) By His Lrs, Namely, Parul Sarkar – Appellant
Versus
Hazirani Bain – Respondent


M/s.G.N. Mishra, J.K. Pradhan, S.C. Sahoo & K.C. Pattnaik (Advocates), for Appellants

JUDGMENT

D.Dash, J.

The Appellants, by filing this Appeal under Section-100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment & decree passed by the learned Additional District Judge, Malkangiri in R.F.A. No.17 of 2014.

The Respondents as the Plaintiffs had filed the suit (C.S. No.03 of 2014) in the Court of learned Senior Civil Judge, Malkangiri for recovery of possession of the suit land from the hands of the Appellants, who had been arraigned as the Defendants therein with further prayer for permanent injunction.

The suit having been decreed by the Trial Court; these Appellants, as the Defendants, thus having been suffered from the same had carried the Appeal under Section-96 of the Code which has been dismissed. Hence, the present Second Appeal is at the instance of these Appellants, who are under the sufferance of the judgments and decrees passed by the Trial Court as well as the First Appellate Court.

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. The Plaintiff's case is that the suit land stood recorded in the na

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