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2025 Supreme(Online)(ORI) 7

ORISSA HIGH COURT
A. C. Behera, J
RATNAKAR SAHOO – Appellant
Versus
SIBA PR. RAJU – Respondent


Advocates:
Mr. D.P. Mohanty, Advocate; Mr. S.S. Rao, Senior Advocate assisted by Mr. B.K. Mohanty, Advocate

JUDGMENT

Date of hearing : 03.01.2025 / date of judgment : 17.01.2025 A.C. Behera, J.

This 2nd appeal has been preferred against the reversing judgment.

2. The appellant in this 2nd appeal was the plaintiff before the trial court in the suit vide T.S. No.09 of 1986 and respondent no.1 before the 1st appellate court in the 1st appeal vide T.A. No.10 of 1993.

3. The respondents in this 2nd appeal were the defendants before the trial court in the suit vide T.S. No.09 of 1986 and appellants before the 1st appellate court in the 1st appeal vide T.A. No.10 of 1993. The suit of the plaintiff(appellants in this 2nd appeal) against the defendants(respondents in this 2nd appeal) vide T.S. No.09 of 1986 was a suit for declaration, confirmation of possession and for permanent injunction.

4. The suit properties are Hal Plot No.2359 under Hal Khata No.475 Ac.0.06 decimals, which corresponds to part of Sabik Plot No.769 under Sabik Khata No.184.

As per plaintiff’s case, the area of Sabik Plot No.769 under Sabik Khata No.184 was Ac.0.52 decimals in Mouza Patnagarh and the said Ac.0.52 decimals properties were the ancestral properties of the plaintiff, in which, the father of plaintiff, i.e., Dharanidhar

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