BHRAMARA NAYAK Vs. SATYA BADI

JUDGEMENT

(1.) THE plaintiff -petitioner has filed this application assailing the order dated 13.1.2006 passed by learned Additional Civil Judge (Senior Division), Bhubaneswar in C.S No.63/367 of 2005/2002 rejecting the application filed for amendment of the plaint under Order 6 Rule 17 CPC.

(2.) THE epitome of the fact of the case is that the plaintiff - petitioner filed C.S No. 63/367 of 2005/2002 before the learned Additional Civil Judge (Senior Division), Bhubaneswar seeking for cancellation of the registered sale deed No.411/02 dated 30.3.2002 executed before the Registering Authority, Balipatna by the defendant - Opposite Party No.1 in favour of defendants Nos. 2 to 4 and for a direction to retransfer the suit property of the plaintiff -petitioner on receipt of the consideration amount paid by him through RSD No. 411 of 2002.

(3.) ON being noticed, the defendants entered appearance and filed written statement specifically stating that Gagan @ Satyabadi, adopted son of Dibakar and his vendees, Bhramara shifted to another house in the village abandoning the house over plot No. 904 leaving it to be enjoyed by Dibakar although the plot No. 904 was jointly recorded in the name of Bhramara and Dibakar. The landed properties were also enjoyed separately by a mutual partition and after death of Dibakar, Gagan @ Satyabadi sold the properties falling in his share vide Registered Sale Deed Nos.983 dated 22.06.1999 and 984 dated 22.06.1999 without any objection from either Bhramara or Banambar. Thereafter, Gagan @ Satyabadi sold the house property in his share at Plot No. 904 to Bauri, Gangadhar and Buludhar, the three sons of Jayaram Nayak by Registered Sale Deed No. 411 dated 30.03.21002 and pleaded that the three brothers namely Dibakar, Banambar and Bhramara were separated in mess and properties by a mutual partition and that Gagan @ Satyabadi sold and delivered possession of the suit house to the purchasers and they have mutated the land house in their favour after purchasing the same.