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S.PANDA
Pramod Kumar Prusty – Appellant
Versus
Aina Prusty (since dead) represented by her Legal Heirs – Respondent


Counsel for the Parties:
For the Petitioners:M/s. Sangram Nayak, K.B. Kar and S.Pattanayak, Advocates
For the Opp. Party No.1(a) to (f):M/s. Pradipta Kumar Mohanty, D.N. Mohapatra, J.Mohanty, P.K. Nayak and S.N. Dash, Advocates

JUDGMENT

S. Panda, J.—This Writ Petition has been filed by the petitioners challenging the order dated 11.5.2010 passed by the learned Addl. Civil Judge (Senior Division). Puri in C.S.No. 92/136 of 2010/2009 allowing the application filed under Order 6. Rule 17 of C. P.C. for amendment of the plaint.

2. The facts leading to the present case are that opp. party Nos.1 to 8 are plaintiffs filed C.S. No. 92/136 of 2010/2009 before the learned Civil Judge (Senior Division), Puri for partition and permanent injunction in respect of the disputed land described in Schedules A and B of the plaint. The plaintiffs in the plaint inter alia alleged that they are in possession of the land for more than the prescribed period as such they have perfected title thereto though the Record of Rights stand in the name of one Janha Bewa. the mother of defendant No.1. who was allotted with a share in a family partition in the year 1930. The plaintiffs also challenged the Sale Deed executed by defendant No.1 in favour of other defendants. .

2.1 After receiving notice, the petitioners who are defendant Nos. 1 to 8 appeared in the suit and filed their written statement traversing the allegations made by the
































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