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2020 Supreme(Ori) 198

HIGH COURT OF ORISSA, CUTTACK
D.DASH
Dukhana Behera, (Dead) – Appellant
Versus
Prabala Khatua – Respondent


Advocates Appeared:
For the Appellant :Mr. S.P. Mishra, Sr. Adv, A.K. Mishra-2, K.C. Kuntia, P.K. Ghose and M.R. Mohanty, Advocates
For the Respondents:Mr. D. Mohapatra and Mr. K.K. Mishra, Advocates.

Table of Content
1. introduction of the case and procedural background. (Para 1 , 2)
2. plaintiff's claim and alleged transactions. (Para 3)
3. defendant's counterclaims regarding the deed. (Para 4)
4. trial court's issues and findings. (Para 5)
5. substantial questions of law for determination. (Para 6)
6. concerns on document nature and intentions. (Para 7)
7. analysis on possession and adjustments in claims. (Para 8 , 19)
8. court's assessment of evidence and legal standards. (Para 9 , 10 , 11 , 12 , 13 , 16)
9. understanding the nature and execution of the deed. (Para 14 , 15)
10. final determinations on rights and title claims. (Para 17 , 20)
11. critical examination of the testimonies and records. (Para 18)
12. conclusion on the disposed appeals. (Para 21)

JUDGMENT :

The appellant in these appeals under section 100 of the Code of Civil Procedure (for short, 'the Code') has assailed the common judgment dated 08.11.1996 passed by the learned District Judge, Balasore-Bhadrak followed by decrees in S.J. Appeal Nos.80 and 81 of 1993.

Title Suit No.318 of 1988 re-numbered as Title Suit No.252 of 1990 after its transfer to the Court of Sub-Ordinate Judge stood decreed confirming the possession of

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