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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Champabati Khatua – Appellant
Versus
Muralidhar Khatua – Respondent
| 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 :
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 Appeal has been dismissed. Hence, the present Second Appeal is at the instance of these Appellants, who have suffered from the judgments and preliminary decrees passed by both the Trial Court as well as the First Appellate Court.
3. Plaintiff’s Case:
It is stated that Madan died leaving behind his son, namely, Bholi, who died issueless. Accordingly, the branch of Bholi became extinct. Siba died leaving behind Golekha Khatua (Defendant No.3). Magu died leaving behind his two sons, i.e., Tahali (Defendant No.4) and Murali. Murali went on adoption to Mohani as his
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