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2024 Supreme(Ori) 1

SASHIKANTA MISHRA
Sanjukta Swain – Appellant
Versus
Kusum Manjari Rana – Respondent


Advocates:
Mr.Soumya Mishra, Advocate, For the Appellant; Mr.Subrat Mishra, Advocate, For the Respondent No.l

JUDGMENT

Sashikanta Mishra, J.

The Plaintiff is the Appellant against the reversing judgment passed by learned 1st Addl. Sessions Judge, Cuttack on 29.11.2023 followed by decree on 11.12.2023 in R.F.A. No.37/2020 whereby the judgment dated 30.11.2019 followed by decree dated 05.12.2019 passed by learned 4th Addl. Civil Judge (Sr. Division), Cuttack, in C.S. No.553/2017 was set aside and the appeal was allowed.

2. For convenience, the parties are referred to as per their respective status in the trial Court.

3. The Plaintiff filed the suit for declaration that the Sale Deed No.121 dated 05.1.2013 executed by Defendant No.2 in favour of Defendant No.1 is illegal, void, inoperative and not binding on her and that no right had accrued to Defendant No.1 thereby, permanent injunction against Defendant No.1 restraining him from creating any disturbance over 'B' Schedule property and from obstructing the use of the Plaintiff over the same and other reliefs. The case of the Plaintiff as set out in the plaint, briefly stated, is that she is the owner in possession of suit Schedule 'A' land. The property described in Schedule 'B' is a road for ingress and egress of the Plaintiff to her residentia

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