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2024 Supreme(Ori) 4

A. C. BEHERA
Ekadashia Sahu (Dead) – Appellant
Versus
Harekrushna Sahu (Dead) – Respondent


Advocates:
Mr. M.K. Mohanty, Advocate, for Appellant; Mr. A.P. Bose, Advocate, for the Respondent.

JUDGMENT

A.C. Behera, J.

This 2nd appeal has been preferred against the confirming judgment.

2. The appellants of this 2nd appeal were the defendants before the trial court in the suit vide T.S. No.26 of 1977 and they were the appellants before the 1st appellate court in the 1st appeal vide T.A. No.42 of 1979. The respondents of this 2nd appeal were the plaintiffs before the trial court in the suit vide T.S. No.26 of 1977 and they were the respondents before the 1st appellate court in the 1st appeal vide T.A. No.42 of 1979.

3. The suit of the plaintiffs before the trial court vide T.S. No.26 of 1977 was a suit for injunction against all the defendants except defendant nos.5 to 7.

4. The case of the plaintiffs before the trial court in their suit vide T.S. No.26 of 1977 was that, all the defendants except defendant nos.5, 6 and 7 are the descendants of Sugri Gauntia.

The plaintiffs and defendant nos.5, to 7 are the descendants of Kairu and Markanda.

5. In order to have a better appreciation, the genealogy of the predecessors of the plaintiffs and defendants is depicted hereunder for an instant reference:-

6. According to the plaintiffs, the suit properties were recorded in the 2nd and 3rd s

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