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A. C. BEHERA
Tankadhar Pradhan – Appellant
Versus
Bimala Naik @ Dei (dead) – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. Budhiram Das, Advocate
For the Respondents:Mr. S.K. Pattnaik, Advocate appearing on behalf of Mr. P.K. Pattnaik, Advocate

JUDGMENT

A.C. Behera, J.—This 2nd Appeal has been preferred against the confirming Judgment.

2. The appellants of this 2nd Appeal were the plaintiffs before the trial court in the suit vide T.S. No.31 of 1985 and they were the appellants before the 1st Appellate Court in the 1st Appeal vide T.A. No.19 of 1988.

The respondents of this 2nd Appeal were the defendants before the trial court in the suit vide T.S. No.31 of 1985 and they were the respondents before the 1st Appellate Court in the 1st Appeal vide T.A. No.19 of 1988.

The suit of the plaintiffs (those are the appellants in this 2nd Appeal) against the defendants (those are the respondents in this 2 nd Appeal) vide T.S. No.31 of 1985 was a suit for declaration and recovery of possession.

3. The case of the plaintiffs before the Trial Court in the suit vide T.S. No.31 of 1985 was that, Surendra Pradhan was their common ancestor. Surendra Pradhan died leaving behind his two sons i.e. Manohar Pradhan and Shyama Pradhan. Manohar Pradhan died leaving behind his successors. Shyama Pradhan died leaving behind his wife Kerteki, one daughter and one son i.e. Bimala and Dayanidhi. Bimala is the defendant No.1, defendant Nos.2 to 4 are t

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