CHANDRA SEKHAR SAHU Vs. NRUSINGHA CHARAN JENA

JUDGEMENT

(1.) The Appellants, by filing this Appeal under Sec. 100 of the Code of Civil Procedure (for short, 'the Code'), have assailed the judgment and decree dtd. 10/10/2006 and 17/10/2006 respectively passed by the learned Additional District Judge, Kendrapara in R.F.A. No.6 of 2002.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) Plaintiff's case is that Maguni had two wives, namely, Taramani and Saraswati. Through Taramani, Maguni has a son Nrusingha and two daughters, namely, Satyabhama and Tilotama. One son Dibyasingha is the son of Maguni born to the second wife Saraswati. It is stated that Magtuni was the Karta of the family. The family possessed agricultural lands and homestead land as stated in Schedule-A of the plaint which includes Schedule-B, C, C/1 and D. It is further stated that Maguni gifted Schedule-C and C/1 lands and alienated Schedule-D properties during the year 1967 to 1977 in respect of which compromise decree has been passed on 8/8/1991 and 26/10/1992.