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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Jyotshnamayee Kanungo – Appellant
Versus
A. Koramani Patra – Respondent
| Table of Content |
|---|
| 1. dispute over land title and ownership (Para 1 , 3) |
| 2. defendant’s claim based on prior sale and possession (Para 4) |
| 3. detailed analysis on possession and rights related to land (Para 6 , 8 , 11 , 12) |
| 4. jurisdictional issues surrounding the decree being non-binding (Para 13) |
| 5. final ruling restoring plaintiff's rights (Para 15) |
JUDGMENT :
D. DASH, J.
1. The Appellant, by filing this Appeal under Section-100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) has assailed the judgment and decree dated 16th December, 2022 & 24th December, 2022 respectively passed by the learned 3rd Additional District Judge, Bhubaneswar in R.F.A. No.14/1 of 2016.
The Respondent, as the Defendant, being aggrieved by the judgment and decree dated 11th December, 2015 & 26th December, 2015 respectively passed by the learned Senior Civil Judge, Bhubaneswar in C.S. No.1385 of 2010 instituted by the present Appellant as the Plaintiff had preferred the Appeal under Section- 96 of the Code. The First Appellate Court has set aside judgment and decree dated 11th December, 2015 & 26th December, 2015 respectively passed by the learned Senior Civil Judge, Bhubaneswar in C.S. No.1385 of 2010 in
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