LAWS(ORI)-2023-12-86

ARUNA KUMAR SAHOO Vs. GADADHAR SAHOO

Decided On December 22, 2023
Aruna Kumar Sahoo Appellant
V/S
Gadadhar Sahoo Respondents

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. 4/5/2022 and 13/5/2022 respectively passed by the learned Additional District Judge, Kamakshyanagar in R.F.A. No.30 of 2017. The Respondent No.1 as the Plaintiff had filed the Civil Suit No.101 of 2013 in the Court of Senior Civil Judge, Kamakshyanagar. The suit was for declaring the sale-deed Nos.2738 & 2879 dtd. 21/4/2010 executed by Respondent No.2 (Defendant No.2) in favour of Respondent No.1 (Defendant No.1) as void and also the consequential order of mutation of the said land with further prayer of permanent injunction.

(2.) The present Appellant being the aggrieved Defendant no.1 had carried the Appeal. The First Appeal under Sec. -96 of the Code has however been dismissed. Hence, the present Second Appeal is at the instance of the Appellant being aggrieved by the judgment and decree passed by both the Courts below.

(3.) The suit stood decreed by the following order: -