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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Purnimasi Bhuyan – Appellant
Versus
Sukhada Das – Respondent
JUDGMENT :
A.C. Behera, J.
This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioner (appellant in F.A.O. No.31 of 2023 and petitioner in I.A. No.417/518 of 2022 arising out of C.S. No.1630/1971 of 2022 pending in the Court of learned Civil Judge, Sr. Division, Balasore) against the O.P. No.1 (respondent in FAO No.31 of 2023, O.P. in I.A. No.417/518 of 2022, defendant No.4 in the suit vide C.S. No.1630/1971 of 2022) praying for quashing/setting aside the impugned judgment dated 27.07.2023 (Annexure-5) passed in F.A.O. No.31 of 2023 by the learned District Judge, Balasore.
2. The factual backgrounds of this CMP, which prompted the petitioner for filing of the same is that, the petitioner being the plaintiff filed the suit vide C.S. No.1630/1971 of 2022 in the Court of learned Civil Judge (Senior Division), Balasore praying for partition of the suit properties described in Schedule ‘Kha’ of the plaint against the defendants stating in her plaint that, the suit properties are her ancestral properties, in which, she has a definite share, which is liable for partition.
In that suit vide C.S. No.1630/1971 of 2022, she (plaintiff)f
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