CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:

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

2. The predecessor of the appellants in this 2nd appeal, i.e., Naresh Prasad Saha, was the sole plaintiff before the learned trial court in the suit vide C.S. No.290 of 2005 and after the death of Naresh Prasad Saha his legal heirs preferred the 1 st appeal vide RFA No.16 of 2018 being the appellants. The parents of the respondents in this 2 nd appeal were the defendants before the learned trial court in the suit vide C.S. No.290 of 2005 and the respondents before the learned 1 st appellate court in the 1st appeal vide RFA No.16 of 2018. When, during the pendency of the 1st appeal, the parents of the respondents expired, then, the respondents in this 2nd appeal were substituted in their places.

3. The properties described in Schedule-A of the plaint, i.e., Plot Not.257(gharabari, dokan ghara) A.0.16 decimals under Khata No.137 in Mouza-Baripada Town, Unit-6, Purunahatsahi in the district of Mayurbhanj are the suit properties. 4. The predecessor of the appellants in this 2nd appeal, i.e., Naresh Prasad Saha filed a suit vide C.S. No.290 of 2005 being the plaintiff against the parents of the respondents in this 2nd appeal in the court of the learned Civil Judge(Sr. Division), Baripada praying for a declaration that,

"he is the absolute owner of the suit premises described in Schedule-A of the plaint, to restrain the defendants from entering into the suit properties/premises through municipality, to injuct the defendants permanently from coming into the suit premises/properties described in Schedule-A and to pass a decree for recovery of possession of the suit properties, if he(plaintiff) is found to be dispossessed from the suit properties during the pendency of the suit."

As per the averments made in the plaint of the plaintiff, Munilal Saha was their common ancestor. The said Munilal Saha died leaving behind his three sons, i.e., Ramdayal Saha, Raghunandan Saha and Jogeswar Saha.

Ramdayal Saha died leaving behind his six sons, i.e., Sibasankar Saha, Mangal Saha, Mohesh Saha, Sahadev Saha, Ranjeet Saha and Susil Saha. The said six sons of Ramdayal Saha were not made parties in the suit.

The 2nd son of Munilal Saha, i.e., Raghunandan Saha died leaving behind his only son Hariprasad Saha.

Hariprasad Saha and his wife Shantilata Saha died on dated 05.12.2009 and 29.11.2009 respectively leaving behind the defendant nos.1(a) and 1(b), 2(a) and 2(b) as their successors.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpCI%2BJuwo8NMSASYZttgpM4T12RlFvCAYaKJlHBBfhFH4&caseno=RSA/360/2023&cCode=1&cino=ODHC010646622023&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.