Trinath Gouda vs Krishna Chandra Patnaik

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Trinath Gouda – Appellant
Versus
Krishna Chandra Patnaik – Respondent

Advocates Appeared:
For the Appellant : Mr. G. Mukherjee
For the Respondents: Mr. A.N. Misra, Adv., Mr. J. Gupta, Adv.

Table of Content
1. court's jurisdiction in the appeal process. (Para 1 , 2)
2. plaintiff's standing based on ownership history. (Para 3)
3. defendants' claim and basis for possession. (Para 4 , 5)
4. arguments against the first appellate court’s decision. (Para 6 , 7)
5. court's review of evidence and judgments. (Para 8 , 9)
6. rightful ownership and evidence evaluation. (Para 10)
7. final ruling in favor of the defendants. (Para 11)

JUDGMENT :

D.Dash, J.

The Appellant, in this Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), has assailed the judgment and decree 22.05.1989 and 22.06.1989 respectively passed by the learned 2^ND Additional District Judge, Berhampur in T.A. No.98 of 1988 (T.A. No.33/84 GDC).

The Respondent No.1, as the Plaintiff, had filed the suit arraigning this Appellant as the Defendant No.1 and another, namely, Naran Gouda as Defendant No.2. The suit stood numbered as T.S. No.80 of 1980 in the Court of the learned Subordinate Judge, Aska. The suit was for declaration of title and recovery of possession. The said suit being dismissed, the Respondent No.1, as the unsuccessful Plaintiff, had carried the First Appeal.

During pendency of th

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IN THE HIGH COURT OF ORISSA AT CUTTACKD.DASHTrinath Gouda – AppellantVersusKrishna Chandra Patnaik – Respondent

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Trinath Gouda – Appellant
Versus
Krishna Chandra Patnaik – Respondent