LAWS(ORI)-2014-4-44

APILI PADHI Vs. DURGA PRASAD PADHI

Decided On April 25, 2014
Apili Padhi Appellant
V/S
Durga Prasad Padhi Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 8.3.1999 and 22.3.1999 passed in Title Appeal No.28 of 1995 by the learned District Judge, Kalahandi-Nuapada at Bhawanipatna confirming the judgment and decree dated 5.4.1995 and 18.4.1995, respectively, passed by the learned Civil Judge (Senior Division), Bhawanipatna in Title Suit No.88 of 1989, the Plaintiff before the learned trial court has preferred this Second Appeal.

(2.) The appellant as plaintiff filed the suit against her sister (D.1) and husband of her sister (D.2) for a declaration that the registered sale deed Nos.470 and 471 dated 12.4.1976 in respect of the plaint scheduled 'A' and 'B' properties, respectively, executed by the mother of the Plaintiff and D.1 as void and for partition of the suit properties between the plaintiff and her sister in two equal shares. During pendency of the suit, plaintiff's sister (D.1) died. Therefore, the deceased's son was substituted and arrayed as D.1 (a).

(3.) In the Second Appeal D.1 (a) is arrayed as respondent No.1 and D.2 as respondent No.2. During pendency of the Second Appeal, R.2 has died leaving behind R.1 as his sole legal representative.