Dhanmati Muchu vs Narayan Muchu - 2026 Supreme(Ori) 234

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Ori) 234

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Dhanmati Muchu – Appellant
Versus
Narayan Muchu – Respondent

Advocates Appeared:
For the Appellant :Mr. S. Ghosh, Advocate
For the Respondent:Mr. A.K. Nanda, Advocate

Table of Content
1. plaintiffs assert ownership based on genealogy. (Para 3 , 4 , 9 , 10)
2. defendants contest plaintiffs' genealogy. (Para 11 , 12)
3. issues framed by trial court. (Para 13 , 15 , 16 , 17)
4. burden of proof lies on plaintiffs regarding genealogy. (Para 21 , 22 , 23 , 24 , 27)
5. suit not maintainable; defendant holds possession. (Para 30 , 32 , 34 , 35)
6. 2nd appeal dismissed; lower court's judgment confirmed. (Para 36 , 37)

JUDGMENT :

A.C. Behera, J.

The 2nd appeal has been preferred against the reversing judgment.

2. The appellants in this 2^nd appeal were the plaintiffs before the learned trial court in the suit vide C.S. No.33 of 2002 and the respondent nos.1 to 6 before the learned 1^st appellate court in the 1^st appeal vide RFA No.05/18 of 2006.

The respondent no.1 in this 2^nd appeal was the defendant no.1 before the learned 1^st appellate court in the suit vide C.S. No.33 of 2002 and the appellant before the learned 1^st appellate court in the 1^st appeal vide RFA No.05/18 of 2006.

The respondent nos.2 to 4 in this 2^nd appeal were the defendants nos.2 to 4 in the suit vide C.S. No.33 of 2002 and respondent nos.7 to 9 before the learned 1^st appellate court in the 1^st appe