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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Girija Kumari Patel – Appellant
Versus
Girishankar Naik – Respondent
| Table of Content |
|---|
| 1. appeal procedure under cpc. (Para 1 , 2) |
| 2. partition claims and family property rights. (Para 3 , 4 , 5) |
| 3. trial court's interlinked issue framing. (Para 6) |
| 4. allegations of error in prior judgments. (Para 8) |
| 5. ancestral property considerations. (Para 9 , 10) |
| 6. appeal dismissal and costs. (Para 11 , 12) |
JUDGMENT :
D.Dash, J.
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 Additional District Judge, Kuchinda in RFA No.09 of 2015.
By the same, the Appeal filed by the present Appellant (Defendant) in assailing the judgment and preliminary decree passed by the learned Civil Judge, Senior Division, Kuchinda in Civil Suit No.66 of 2013 under section 96 of the Code has been dismissed.
The Respondent No.1 as the Plaintiff had filed the suit for partition of ‘C’ schedule land in metes and bounds and allotment of his 1/8th share over the same. The Trial Court has decreed the suit preliminarily and dealing with the counter claim filed by the present Appellant (Defendant No.3) has ultimately held the Respondent No.1, the Appellant and other
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