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2022 Supreme(Ori) 695

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Kanhu Charan Jena – Appellant
Versus
Hrusikesh Jena (Since Dead) by his LRs – Respondent


Advocates Appeared:
For the Appellant :M/s. A.K. Mishra-2, B.P. Samal, Advocates.
For the Respondent:M/s.R.K.Mohanty, Sr. Advocate D. Mohapatra, A. Mohanty, S. Mohanty, D. Varadwaj, Advocates, Mr. Debajyoti Chhatoi, Advocate

Table of Content
1. appellant's challenge to prior judgments. (Para 1 , 2 , 3)
2. details of property ownership and transactions. (Para 4 , 5)
3. trial court's findings on property title. (Para 6)
4. parties' arguments on the validity of sales. (Para 8 , 9)
5. court's analysis and agreement with lower court findings. (Para 10 , 11 , 12)
6. court's determination on substantive legal issues. (Para 13)
7. final ruling allowing the appeal. (Para 14)

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 passed by the learned District Judge, Kendrapara in RFA No.07 of 2010.

2. At this stage, it may be stated that the predecessor-in-interest of Respondent Nos.2 to 6 who had been arraigned as the Defendant No.2 and the predecessor-in-interest of Respondent Nos. 8 and 9 i.e. Defendant No.3 had died during the suit. The Respondent No.1, who was the Plaintiff, having died during pendency of this Appeal, his legal representatives have come on record as Respondent Nos.1(a) to 1(f) and here in this Appeal, Respondent No.1(a), 1(b), 1(e) and 1(f) having appeared, represent the estate and interest

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