SAKUNTALA SENAPATI Vs. TARAPRASAD DAS

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Petitioners in this CMP seek to assail the order dtd. 22/7/2023 (Annexure-4) passed by learned Additional Senior Civil Judge, Puri in TS No.286 of 2001, whereby an application filed under Order XXIII Rule 1 CPC to delete certain portion of the pleading with regard to adverse possession, has been rejected.

(3.) It is submitted by Mr. Mishra, learned counsel for the Petitioners that the suit has been filed for declaration of right, title, interest and recovery of possession with consequential relief. At the stage of argument of the suit, the Plaintiffs felt it expedient to delete certain portion of the pleading in the plaint with regard to adverse possession. Learned trial Court observing that the suit is at the stage of argument, refused such a prayer. Hence, this CMP has been filed.