ORISSA HIGH COURT ISSUES ORDER ON MANGAL MAJHI AND OTHERS V/S KHELA MAJHI (DEAD) AND OTHERS

CUTTACK, India, Feb. 23 -- Orissa High Court issued the following order on Jan. 22:

1. This 2nd appeal has been preferred against the confirming judgment.

2. The appellants in this 2nd appeal were the defendant Nos.1 to 5 before the Trial Court in the suit, vide T.S. No.46 of 1996 and appellants before the 1st Appellate Court in the 1st Appeal vide T.A. No.52 of 1999.

The respondent Nos.1 & 2 in this 2nd appeal were the plaintiffs before the Trial Court in the suit vide T.S.46 of 1996 and respondent Nos.1 & 2 before the 1st Appellate Court in the 1st Appeal vide T.A. No.52 of 1999.

The respondent Nos.3 to 8 in this 2nd appeal were the defendant Nos.6 to 11 before the Trial Court in the suit vide T.S.46 of 1996 and respondent Nos.3 to 8 before the 1st Appellate Court in the 1st Appeal vide T.A. No.52 of 1999.

3. The suit of the plaintiffs (respondent Nos.1 & 2 in this 2nd appeal) before the Trial Court vide T.S.46 of 1996 was a suit for declaration, confirmation of possession, permanent injunction, for correction of names of the defendant Nos.1 to 5 from the R.o.R. and in alternative recovery of possession, if they (plaintiffs) are found to be dispossessed from the suit properties during the pendency of the suit.

4. The properties described in Schedule 'A' of the plaint are the suit properties.

5. As per the case of the plaintiffs, one Jasmi Majhi was the common ancestor of the plaintiffs. The said Jasmi Majhi was the wife of Khela Majhi.

Jasmi Majhi died leaving behind her one daughter and one son i.e. Suna and Bangi (defendant No.8).

Suna died leaving behind his two sons and three daughters i.e. Khela (plaintiff No.1), Bhutlang (plaintiff No.2), Jasmi (defendant No.9), Rabi (defendant No.10) and Budhuni (defendant No.11).

6. In order to have a better appreciation, the family pedigree (genealogy) of the plaintiffs as given in the plaint is depicted hereunder for an instant reference:

Images can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQomZuwl1pWZN9b5kRhKxCw0E8AYqA87rauOMfordfVzh&caseno=RSA/173/2003&cCode=1&cino=ODHC010004182003&state_code=11&appFlag=)

7. The husband of Jasmi i.e. Khela predeceased Jasmi. The plaintiffs and defendant Nos.9, 10 & 11 have born out of the wedlock of Jasmi and Khela. After the death of Khela, Jasmi had illicit relationship with one Singrai of the same village. Jasmi predeceased Singrai. Thereafter, Singrai married to one Sunia.

The defendant Nos.1 to 7 had born through Sunia (defendant No.5) and Singrai.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQomZuwl1pWZN9b5kRhKxCw0E8AYqA87rauOMfordfVzh&caseno=RSA/173/2003&cCode=1&cino=ODHC010004182003&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.