High CourtsSingle Bench(2021) 11 OHC CK 0166

Sakuntala Dei @ Sakuntala Baliarsingh vs Ani Martha And Others

Orissa High Court · Decided on 25 November 2021

HON’BLE JUDGES
B.P. Routray, J
RESULT
Dismissed
CASE NUMBER
RSA No. 244 of 2018

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Judgment

7 paragraphs · 173 words

B. P. Routray, J

1.Heard Mr. Parija, learned counsel for the Appellant.

2.

The suit was for declaration of title, confirmation of possession and permanent injunction. A counter claim was filed by the defendant who is the present Appellant to declare him as the adopted son of Dinabandhu Baliarsingh as well as the impugned order of the Consolidation Authority as without jurisdiction and void.

3.

The specific finding of the trial court under issue No.XIII that the defendant is not the adopted son of Dinabandhu which is confirmed by the 1st appellate court. Similarly the finding under issue No.IV is to the effect that the Consolidation Authority has already decided the right, title, interest of the Plaintiffs over the suit property and granted the consolidation ROR in their favour. When the defendant was admittedly a party to the consolidation proceeding, no reason is found in favour of the Appellant to admit the appeal.

4.

The appeal is accordingly dismissed.

5.

An urgent certified copy of this order be issued as per rules.

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