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2026 Supreme(Ori) 467

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Bastu Charan alias Batu Charan Soren – Appellant
Versus
Chitta Majhiani, (dead) – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Mohanty, Senior Advocate with Ms. S. Mohanty, Advocate
For the Respondents:Mr. S. Sahoo, Advocate

JUDGMENT :

SASHIKANTA MISHRA, J.

The LRs of the original defendant No.1 are in appeal against a confirming judgment. The appeal questions the correctness of judgment dated 25.09.1992, followed by decree passed by learned District Judge, Baripada in Title Appeal No. 50 of 1988, whereby the judgment dated 04.10.1988, followed by decree passed by learned Subordinate Judge, Rairangpur in Title Suit No. 10 of 1995, was confirmed.

2. The suit was filed by the original plaintiff for recovery of possession and for declaration that the sale deeds dated 17.04.1984 executed by her mother in favour of the defendants are invalid. It is the plaintiff’s case that one Bhagmat Majhi was the original owner of the suit properties, who had married Damani. The plaintiff was born out of said marriage. Her father, Bhagmat died when she was two years old. Her mother, Damani remarried Dasmat Soren after death of her husband. The plaintiff possessed her half share of her father’s property separately from her mother and she allowed her to possess the other half till her death in 1984. The defendants managed to get the sale deeds in question executed by Damani in their favour in respect of the suit property, whi

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