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2024 Supreme(Ori) 482

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Champabati Khatua – Appellant
Versus
Muralidhar Khatua – Respondent


Advocates Appeared:
For the Appellants : M/s. A.P. Bose
For the Respondents: M/s. B.K. Bhuyan, S.S. Bhuyan, S.S. Mohapatra & S.S. Sahoo, (Advs.)

Table of Content
1. background and details of the appeal (Para 1 , 3)
2. defendants' objections and claims (Para 4)
3. trial court's ruling on partition (Para 5 , 6)
4. arguments regarding evidentiary issues (Para 7 , 8)
5. analysis of och & pfl act provisions (Para 11 , 12 , 14)
6. dismissal of the appeal (Para 15 , 16)

JUDGMENT :

D.Dash, J.

The Appellants, by filing this Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and preliminary decree dated 25th February, 2021 & 15th March, 2021 respectively passed by the learned District Judge, Jagatsinghpur in R.F.A. No.59 of 2004.

The Respondent No.1, as the sole Plaintiff, had filed Title Suit No.200 of 1998 in the Court of the learned Civil Judge, Senior Division, Jagatsinghpur. The suit is for partition. The Trial Court decreed the suit preliminarily entitling the Respondent No.1 (Plaintiff) to 1/20th share over Schedule-B property and 1/5th share over Schedule-C property. The predecessor-in-interest of these Appellants, namely, Prahallad Khatua & Balakrushna Khatua as well as two others, i.e., Bhagaban Khatua & Jagabandhu Khatua, who had been arraigned as Defendant Nos.1, 2, 5

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