A.K.RATH
Maheswar Mukhi (dead) by L. Rs – Appellant
Versus
Sanu @ Sanatan Mukhi – Respondent
Dr. A.K. Rath, J.—This is a plaintiffs’ appeal against confirming judgment.
2. Maheswar Mukhi instituted T.S. No.69 of 1999 in the court of the learned Civil Judge (Junior Division), Baripada for a declaration that he is the adopted son of Radha Mukhi and permanent injunction impleading the respondent as defendant. The case of the plaintiff is that one Radha Mukhi and his wife Chintamani Mukhi were issueless. They approached his natural father-Fakir Mukhi to give one of his son in adoption. His natural parents agreed to give him in adoption. On the day of Sripanchami of the year 1973, he was adopted by Radha Mukhi and his wife as their son. There was a giving and taking ceremony. His natural parents handed over him to his adoptive parents and his adoptive parents accepted him as their son. At that time he was nine years old. The further case of the plaintiff was that acknowledging the adoption, Radha Mukhi executed a registered deed of adoption in the year 1990. Since then he was brought up by Radha Mukhi and his wife as their son. Radha Mukhi performed his marriage. He stayed in the house of Radha Mukhi. On the death of Radha Mukhi and his wife, he performed their obsequie
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