GOUTAM MAJHI Vs. MANDHAR BHOI

JUDGEMENT

(1.) This is an appeal by some of the defendants against the confirming judgment passed by learned Ad-hoc Additional District Judge, Sundargarh on 4/3/2011 followed by decree in RFA No.43/34 of 2005-07 whereby the judgment dtd. 23/4/2005 followed by decree passed by learned Civil Judge (Senior Division), Sundargarh in C.S. No. 80 of 2002 was confirmed.

(2.) For convenience, the parties have been referred to as per their respective status before the trial Court.

(3.) Facts of the case, briefly stated, are that the present respondents/plaintiffs filed the aforementioned suit for declaration that the sale deeds and Will executed by one Chandrabati Majhi in favour of defendants Nos.2, 3, 4, 5 and 1 in respect of the properties described in Schedule 'B', 'C', 'D', 'E', & 'F' respectively are void and for recovery of possession. The suit was decreed in part by declaring the sale deeds in respect of Schedule 'B', 'D', and 'F' properties as well as the Will executed by Chandrabati as void. The suit was dismissed in respect of the other properties.