LAWS(ORI)-2010-5-44

NAYAN SUNDARI BEWA Vs. SUBASH CHANDRA BEHERA

Decided On May 21, 2010
Nayan Sundari Bewa Appellant
V/S
Subash Chandra Behera Respondents

JUDGEMENT

(1.) This First appeal arises out of the judgment and decree dated 3.10.1981 and 5.11.1981 respectively passed by the Additional Subordinate Judge, Cuttack in Title Suit No. 142 of 1972.

(2.) The plaintiff appellant-Nayana Sundari Bewa having died during pendency of the appeal has been substituted by her legal heirs, who are appellant Nos. A.1/a to A.1/g. Defendant-respondent No. 1 having died during pendency of this appeal, has been substituted by his legal heirs, i.e., R.1/a to R.1/i. Respondent Nos. 6 and 7 were expunged respectively by order No. 36 dated 1.12.1989 and order No. 53 dated 2.3.1989. The names of respondent Nos. 8 and 9 were deleted by order No. 67 dated 13.1.1992. This appeal stood dismissed as against respondent No. 9 vide order No. 61 dated 8.4.1990.

(3.) The present appellants 1/a to 1/g are all sons and daughters of plaintiff-Nayana Sundari Bewa, who filed the aforesaid suit bearing T.S. No. 142/1972 for a declaration that D-1-Subash Chandra Behera, is not the adopted son of the plaintiff's husband, late Bansidhar Behera, and as such, he is not entitled to the status and benefit of a son by virtue of the died dated 29.2.1960, which is a void document; and for a declaration that the preliminary decree passed by the Sub-Judge, Cuttack in Title Suit No. 74/1962 and further proceedings based thereon are null and void and the said Subash Chandra Behera is not entitled to any share thereunder and further to direct Subash Chandra Behera to render accounts of the management of the estate of the plaintiff during his agency and a Pleader Commission be appointed to take proper accounts to be submitted by Subash Chandra Behera and for a permanent injunction restraining Subash Chandra Behera from interfering with the estate of the plaintiff's husband, which was vested on her.