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2009 Supreme(Ori) 17

A.S.NAIDU
Laxmidhar Naik – Appellant
Versus
Sridhar Naik – Respondent


Advocates appeared:
M/s. S. D. Das and A. S. Nandy, for Appellant; M/s. Y. S. N. Murty, for Respondents.

JUDGMENT :-

The judgment and decree dated 25-2-1987 passed by the learned Subordinate Judge, Karanjia in Title Appeal No. 4 of 1986 confirming the judgment and decree dated 23-12-1985 passed by the learned Munsif Karanjia in Title Suit No. 13 of 1983 are assailed in the Second Appeal filed by the defendants of the said suit.

2. Bereft of unnecessary details, the short facts which are necessary for effectual adjudication of the suit are as follows:

The respondents as plaintiff, filed Title Suit No. 13 of 1983 for declaration of title, recovery of possession and permanent injunction with other consequential reliefs. The disputed lands appertaining to Khata No. 4 of Khadipal mouza in the district of Mayurbhanj. Defendant Nos. 6 and 7 inherited the said property from their mother Krushna Dehury. On 30-9-1974 defendants 6 and 7 sold the suit lands by a registered sale deed to the plaintiff for a consideration of Rs. 5001- and delivered possession thereof. In the year 1975 the plaintiff raised paddy on the land. But then, defendant No.

1 and father of defendant Nos. 2 to 5 forcibly removed the paddy, consequently a proceeding was initiated under Section 379, IPC in the Court of learned SDJM,












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