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KRUSHNA RAM MOHAPATRA
Babita Satpathy @ Mishra – Appellant
Versus
Sitanshu Kumar Dash – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Manmaya Kumar Dash, Advocate
For the Opp. Parties:Mr. Maheswar Mohanty, Advocate

JUDGMENT

Krushna Ram Mohapatra, J.—This matter is taken up by virtual/physical mode.

2. Legality and sustainability of order dated 16th May, 2022 (Annexure-7) passed in CS No.2116 of 2016 is in question in this CMP, whereby learned Civil Judge (Senior Division), Bhubaneswar rejected an application filed by Defendant Nos.1 and 4 (Petitioners herein) filed with a prayer to unmark and expunge Exts.2, 3, 5, 6, 7 and 8 marked on behalf of Plaintiffs/Opposite Party Nos.1 and 2.

3. Short narration of facts necessary for proper adjudication of the case are that CS No.2116 of 2016 has been filed for allotment of 1/3rd share in favour of the Plaintiffs, declaration of registered gift deed dated 21st November, 2011 as void and no way affects the right, title and interest and possession of the Plaintiffs and Defendant Nos. 5 to 8 as well as for permanent injunction. Along with other documents, PW-1 while leading evidence, exhibited documents, i.e., Exts. 2, 3, 5, 6, 7 and 8, which were marked with objection raised by Defendant Nos. 1 and 4 (present Petitioners). Subsequently, the Petitioners filed an application to unmark and expunge the aforesaid exhibits. The said petition being rejected vid

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