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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Shyamabandhu Mishra (Since Dead) through his LRs. – Appellant
Versus
Banalata Mishra (Dead) – Respondent
| Table of Content |
|---|
| 1. background facts of the property dispute (Para 1 , 2 , 3 , 4) |
| 2. defendant's argument against plaintiff's claim (Para 5) |
| 3. issues framed and proceedings leading to appeals (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. analysis of res judicata principle (Para 15 , 18 , 19) |
| 5. justification of reliance on evidence and legal principles (Para 20 , 21 , 22 , 23 , 24) |
| 6. defendant's plea of adverse possession (Para 25 , 26) |
| 7. decision on third-party impleadment and appeal outcome (Para 28 , 29 , 30 , 31) |
| 8. final dismissal of the appeal (Para 32 , 33 , 34) |
JUDGMENT :
A.C. BEHERA, J.
1. This Second Appeal has been preferred by the Appellant against the confirming judgment.
2. The Appellant of this Second Appeal i.e. Shyamabandhu Mishra was the defendant in the suit before the Trial Court, vide O.S. No.4 of 1982-I and he was the appellant in the First Appeal vide T.A. No.6 of 1989.
When during the pendency of this Second Appeal, the Appellant-Shyamabandhu Mishra expired, then his legal heirs have been substituted in his place.
The ancestor/predecessor of the Respondents of this Second Appeal i.e. Lokanath Mishra was the sole plaintiff in the suit before the Trial Court, vide O.
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