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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Mohan Chandra Patel – Appellant
Versus
Lalindra Patel (since dead) through his LRs. – Respondent
| Table of Content |
|---|
| 1. ancestral property and partition claims. (Para 1 , 3 , 4 , 5) |
| 2. outcome of the trial court and first appellate court. (Para 6 , 8) |
| 3. arguments regarding property classification. (Para 9 , 10 , 11) |
| 4. blending of separate property into common stock. (Para 12 , 13 , 14) |
| 5. final order restoring trial court's decree. (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 preliminary decree passed by the learned District Judge, Sundargarh in RFA No.73 of 2005.
The Appellant as the Plaintiff having filed the suit seeking a preliminary decree for partition of Schedule-A & B of the property described in the plaint, the Trial Court had decreed the same. The original Defendant No.1 in the said suit being aggrieved by the same having carried the First Appeal that preliminary decree passed by the Trial Court has been set aside in part in respect of Schedule-B property.
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 Suit.
Khaga Patel, the second son of Par
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