W.P.(C) 26429 of 2013. Case: Muralidhar Pradhan Vs Harekrushna Seth. High Court of Orissa (India)
| Case Number | W.P.(C) 26429 of 2013 |
| Counsel | For Appellant: G.P. Dutta, K. Ghosh, S.K. Mohanty, B.K. Sahoo and S. Patro, Advs. and For Respondents: K.R. Mohapatra, S. Ghosh, A.R. Panigrahi and S.K. Dash, Advs. |
| Judges | Sanju Panda, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order VI Rule 17; Constitution of India - Article 227 |
| Citation | 2014 (II) ILR 1177 |
| Judgement Date | October 29, 2014 |
| Court | High Court of Orissa (India) |
Judgment:
Sanju Panda, J.
-
This Writ Petition has been filed by the petitioner challenging the order dated 07.8.2013 passed by the learned Civil Judge (Senior Division), Sambalpur in C.S. No. 33 of 2012 rejecting the application filed under Order 6, Rule 17 of C.P.C. for amendment of the written statement. The facts leading to the present case are that the opposite party as plaintiff filed C.S. No. 33 of 2012 before the learned Civil Judge (Senior Division), Sambalpur for declaration of right, title and interest and for permanent injunction. The plaintiff in the plaint inter alia stated that one Dura @ Draupadi Beherani, W/o. late Nabi Behera was the original owner of the suit Schedule-A property. The said Dura @ Draupadi Beherani gifted the Schedule-A property to one Nanku Pradhan, who did not deliver possession and both of them were in possession of the suit land. Thereafter Dura @ Draupadi Beherani and Nanku Pradhan executed Registered Sale Deed No. 934 dated 06.3.1964 in favour of the father of the plaintiff and since the date of execution, his father was in peaceful possession of the suit land.
Dura @ Draupadi Beherani died in the year 1969 having no issue whereas Nanku Pradhan died in the year 1983 living his widow Kairi Pradhan and the present petitioner. Kairi Pradhan died in the year 2000 living the present petitioner as the sole legal heir. The father of the plaintiff died in the year 1994 living the plaintiff as sole legal heir to succeed his property. After execution of Registered Sale Deed dated 06.3.1964, the father of the plaintiff filed Rent Case No. 28 of 2012 before the Settlement Authority to record his purchased land and in the said case the vendors namely Dura @ Draupadi Beherani and Nanku Pradhan were made as opposite parties. After conducting an enquiry, the Settlement Authority by order dated 29.1.1968 rejected the prayer of the father of the plaintiff on the ground that the vendor belongs to Scheduled Tribe Community and permission was not taken from the appropriate Revenue Authority at the time of execution of the Sale Deed. However, the Asst. Settlement Officer directed to prepare the Records of Right in the name of Draupadi Behera with illegal possession of the father of the plaintiff. On the basis of the aforesaid order, the Major Settlement Records of Right in respect of the purchased land of the father of the plaintiff was published in the name of Draupadi Behera with possession note of Banamali Seth (the...
To continue reading
Request your trial