IN THE HIGH COURT OF ORISSA AT CUTTACK R.S.A. No.504 of 2018 (In the matter of an appeal under Section 100 of the Code of Civil Procedure, 1908)

Sarada Prasanna Nanda …. Appellant -versus-

M(Malichiti) Padmini Kumari Patra …. Respondent Appeared in this case:-

For Appellant : Mr. S.P. Mishra, Sr. Advocate assisted by Mr. R.K. Agarwal, Advocate For Respondent : Mr. P.K. Rath, Sr. Advocate assisted by Mr. S. Rath, Advocate CORAM:

JUSTICE A.C. BEHERA

JUDGMENT

Date of hearing : 18.03.2026 / date of judgment :30.04.2026 A.C. Behera, J. This 2^nd appeal has been preferred against the confirming judgment.

2. The appellant in this 2^nd appeal was the defendant before the learned trial court in the suit vide C.S. No.1177 of 2011 and appellant before the learned 1^st appellate court in the 1^st appeal vide RFA No.08 of

2016.

The respondent in this 2^nd appeal was the plaintiff in the suit vide C.S. No.1177 of 2011 and respondent before the learned 1^st appellate court in the 1^st appeal vide RFA No.08 of 2016.

3. The suit of the plaintiff (respondent in this 2^nd appeal) vide C.S. No.1177 of 2011 against the defendant(appellant in this 2^nd appeal) was a suit for partition.

4. As per the case of the plaintiff