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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 :
1. This Second Appeal has been preferred by the Appellant against the confirming judgment.
When during the pendency of this Second Appeal, the Appellant-Shyamabandhu Mishra expired, then his legal heirs have been substituted in his place.
But, when during the pendency of the First Appeal vide T.A. No.6 of 1989, the sole plaintiff in the suit vide O.S. No.4 of 1982-I i.e. Lokanath Mishra (who was the appellant in the First Appeal vide T.A. No.6 of 1989) expired, then his LRs were substituted in his place as the respondents in the First Appeal. The said LRs. of the Lokanath Mishra are the Respondents in this Secon
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