CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:
1. The 2 nd appeal has been preferred against the reversing judgment.
2. The appellants in this 2nd appeal were the plaintiffs before the learned trial court in the suit vide C.S. No.33 of 2002 and the respondent nos.1 to 6 before the learned 1st appellate court in the 1st appeal vide RFA No.05/18 of 2006. The respondent no.1 in this 2nd appeal was the defendant no.1 before the learned 1st appellate court in the suit vide C.S. No.33 of 2002 and the appellant before the learned 1 st appellate court in the 1st appeal vide RFA No.05/18 of 2006.
The respondent nos.2 to 4 in this 2nd appeal were the defendants nos.2 to 4 in the suit vide C.S. No.33 of 2002 and respondent nos.7 to 9 before the learned 1st appellate court in the 1st appeal vide RFA No.05/18 of 2006. 3. The suit of the plaintiffs(appellants in this 2nd appeal) vide C.S. No.33 of 2002 was a suit for declaration of title and confirmation of possession.
As per the case of the plaintiffs, they (plaintiffs) and proforma defendant nos.2 to 4 are the members of Schedule Tribe community and they belong to one family and their common ancestor was Dhruba Muchu. Dhurba Muchu died leaving behind his six sons, i.e., Bairag, Jhankar, Bariha, Jaysa, Khageswar and Dhanurja.
Bairag died leaving behind his two sons, i.e., Kunja and Dingara(plaintiff no.2).
The 2nd and 3rd son of Dhurba Muchu, i.e., Jhankar and Bariha died issueless.
The 4th son of Dhurba Muchu, i.e., Jaysa Muchu died leaving behind his four sons, i.e., Kubera(defendant no.2), Parikhita(plaintiff no.3), Rudra(defendant no.3) and Prasad(plaintiff no.4).
The 5th son of Dhurba Muchu, i.e., Khageswar Muchu died leaving behind his son Mangulu Muchu(defendant no.4)
The 6 th son of Dhurba Muchu, i.e., Dhanarja Muchu died leaving behind his two sons, i.e., Makaradhwaja Muchu(plaintiff no.5) and Biranchi Muchu(plaintiff no.6).
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=DGLYj3d%2B3YUl7w50SUed9h8zelBAyBSnZXFOS5PKjGIzT4ezt6977Mn6ECuBIltF&caseno=RSA/27/2008&cCode=1&cino=ODHC010422342008&state_code=11&appFlag=)
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