BHAGABATI MOHANTY Vs. NIROD CHANDRA MOHANTY

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code"), has assailed the judgment and decree dtd. 21/5/2022 and 16/5/2022 respectively passed by the learned Additional District Judge, LR and LTV, Berhampur in R.F.A. No.64 of 2011.

(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 Trial Court.

(3.) The Plaintiffs case is that Gopinath Mohanty, Raghunath Mohanty and Binayak Mohanty are the three brothers. Binayak had married to Kautuki and they had no issue. They had executed Will in favour of Golak, who is the husband of Plaintiff No.1 and father of other Plaintiffs. Gopinath had married to Hira Mohanty and from that wedlock two sons namely, Golak Mohanty and Mangulu Mohanty were born. The Plaintiffs are the legal heirs and successors of Mangulu. It is stated that Defendant No.1 is the sole successors of late Raghunath. Hira Mohanty, out of self-acquired property had settled the land under two plots i.e. Plot No.145 and 149 in favour of her eldest son Mangulu and the suit plots bearing number 678 and 526 were settled in favour of younger son Golak. The settlement made by Hira was oral and it was as per her pre-will and volution. Mangulu and Golak were enjoying their respective allotted lands. The Plaintiffs being the legal heirs and successors of Mangulu came to enjoy the property, after the death of Mangulu as the absolute owners of the same. When the matter stood thus, the Defendant no.1 who has no connection with the branch of Hira and Gopinath colluded with other Defendants and he then attempted to disturb the possession of the Plaintiffs suit land referring to an erroneous entry made in the record of right published in the Consolidation Operation. So, the Plaintiffs was compelled to file the suit.