ANANTRAM BHOTRA Vs. PRATIMA BHOTRA

JUDGEMENT

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

(2.) Order dtd. 17/10/2022 (Annexure-5) passed by learned Senior Civil Judge, Nabarangpur in C.S. No.17 of 2013 is under challenge in this CMP, whereby written statement filed by the legal heirs of deceased Defendant No.1 has been accepted.

(3.) Mr. Tripathy, learned counsel submits that the Petitioner as Plaintiff filed a suit for declaration that the Registered Sale Deed dtd. 16/1/1969 is null and void, declaration that the ROR vide Khata No.56 of Bangapalli Mouza in the name of the Defendants is also null and void and also to declare right, title and interest of the Plaintiffs over the suit land as well as for permanent injunction. During pendency of the suit, Defendant No.1 died and was substituted by his legal heirs, namely, Opposite Party Nos. 1 to 4. Before death, Defendants had filed a written statement. But, the legal heirs of Defendant No.1 on being substituted filed another written statement taking independent stand describing a different story. Hence, the Plaintiff-Petitioner filed an application on 17/1/2019 with a prayer not to accept the said written statement. Learned trial Court without considering the petition in its proper perspective, dismissed the same and accepted the written statement filed by the legal heirs of Defendant No.1 subject to payment of cost of Rs.300.00.