NIHAR RANJAN PATTNAIK Vs. MANORANJAN PATTNAIK

JUDGEMENT

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

(2.) Judgment dtd. 11/7/2024 (Annexure-8) passed in F.A.O. No.172 of 2023 is under challenge in this CMP, whereby learned 2nd Additional District Judge, Bhubaneswar allowed the appeal by setting aside the order dtd. 3/10/2023 (Annexure-6) passed by learned Civil Judge (Senior Division), Bhubaneswar in I.A. No.1 of 2023 (arising out of C.S. No.169 of 2023) filed under Order XXXIX Rules 1 and 2 CPC.

(3.) Mr. Senapati, learned counsel for the Petitioners submits that the suit has been filed for declaration that the Registered Power of Attorney (POA) No.8692 dtd. 30/8/2004 executed by Harekrushna Pattnaik in favour of Defendant No.1 is void, inoperative and not binding on the Plaintiffs. It is also prayed that the sale deeds, which were executed by Defendant No.1 by virtue of the said POA are also null and void and not binding on the Plaintiffs. Further the Petitioners prayed for cancellation of the Record of Right (ROR) in respect of the suit land and for permanent injunction. It is submitted that admittedly, the suit land stood recorded in the name of one, Birabara Pattnaik, the common ancestor, who died leaving behind Harekrushna Pattnaik, his son, on 21/11/1996. During his lifetime said Harekrushna Pattnaik executed a Registered Power of Attorney No.8692 dtd. 30/8/2004 in favour of his elder son, namely, Defendant No.1 without knowledge of the Plaintiffs. By virtue of the said POA, the Defendant No.1 created several Registered Sale Deeds in favour of rest of the Defendants, namely, Opposite Party Nos. 2 to 7. Since they tried to dispossess the Plaintiffs, the suit has been filed.