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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Renubala Samantray – Appellant
Versus
Manash Ranjan Mohapatra – Respondent
| Table of Content |
|---|
| 1. challenge on court order regarding application under cpc. (Para 1 , 2) |
| 2. plaintiff's valuation for court fees must relate to market value. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. order set aside; remand for further adjudication. (Para 12) |
| 4. cmp disposed of with directions. (Para 13) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
3. Mr. Baug, learned counsel for the Petitioners submits that the suit has been filed by the Plaintiff-Opposite Party for a declaration that the sale deed bearing ID No.1131904158 dated 21st May, 2019 executed by the Defendant No.1 in favour of Defendant No.2 is illegal and not binding on the Plaintiff. The Plaintiff also prayed for a consequential relief of permanent injunction. In Paragraph-4 of the plaint, the Plaintiff has specifically stated that Defendant No.1 being the owner of the suit property entered into an agreement with him (Plaintiff) to sale the suit land for a total consideration of Rs.2.00 crore and pursuant to that, the Plaintiff has already paid a sum of Rs.5.00 lakh. However, without respecting such registered agreement, sale deed in question has been executed in favour of Defendant No.2. Thus, the suit h
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