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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Prava Das – Appellant
Versus
Akshya Kumar Swain – Respondent
| Table of Content |
|---|
| 1. establishment of factual background and jurisdiction. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners argue error in revisional court's jurisdiction. (Para 7 , 8) |
| 3. opposite parties refute petitioners' arguments. (Para 9) |
| 4. court reiterates principles regarding civil court's jurisdiction. (Para 10 , 11 , 12) |
| 5. court remits matter for fresh consideration. (Para 13 , 14 , 15) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
3. Order dated 25th July, 2023 (Annexure-9) passed by learned 3rd Additional District Judge, Cuttack in Civil Revision No.3 of 2023 is under challenge in this CMP, whereby order dated 18th January, 2023 (Annexure-7) passed by learned 5th Additional Senior Civil Judge, Cuttack in Civil Suit No. 112 of 2019-I, has been set aside.
“27. That the Plaintiffs therefore pray :
B) That a decree declaring the registered sale deed Nos.2202 and 2203 D.6.7.2018 and Sale deed no.2586 D.10.8.2018 of the Registering Officer, Jagatpur to be illegal, invalid and not binding against the Plaintiffs may be passed;
D) That a decree for costs of the sit may be passed against the defendants;
5. On receiving summons, Defendants appeared. Defendant Nos.5 and 6 filed an app
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