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2024 Supreme(Ori) 178

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Jyotshnamayee Kanungo – Appellant
Versus
A. Koramani Patra – Respondent


Advocates Appeared:
For the Appellant : Prafulla Kumar Rath
For the Respondent: Banshidhar Baug

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 :

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.

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.

Laxmisagar and that according to her, corresponds to the land under Hal Khata No.137, Plot No.151/1312 Further corresponding the land under Khata No.150, Plot No.59/1301 out of Ac.0.900 decimals, Ac.0.099 decimals corresponding to mutation khata No.565/146. Plot No.59/1301/1869 of an area of Ac.0.088 decimals along with some other plots which stood jointly re

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