Orissa Court July 1965 Judgments
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Mst. Alarakshi Bibi and ors. Vs. Mst. Ujala Bibi and ors.
Court: Orissa
Decided on: Jul-15-1965
Reported in: AIR1966Ori49; 1966CriLJ275
G.K. Misra, J.1. Plaintiff No. 1 is the mother of defendant No. 7 and plaintiffs Nos. 2 and 3. The suit was in respect of rayati holding No. 6 measuring 19.98 acres of land in village Ischhapali. It is unnecessary to give the details of the respective claim of the parties as the second appeal is confined to the question of limitation. The suit was for declaration of title and recovery of possession. There was a proceeding Under Section 145 Cr. P. C. in respect of the disputed lands. Plaintiffs Nos. 2, 3 and defendant No. 7 constituted the first party. Admittedly plaintiffs Nos. 2 and 3 were minors then. Deceased Gaffur Khan, the husband of defendant No. 1 and father of defendants Nos. 2 and 3, defendants 4 and 5 and deceased Khasaran Bibi were members of the second party. The proceeding was disposed of in favour of the second party on 7-6-52. There was a subsequent proceeding Under Section 145 Cr. P. C. which confirmed the previous order on 12-3-1958. As nothing turns out on the order ...
Hema Dibya Vs. Amarendra Kishore Das and ors.
Court: Orissa
Decided on: Jul-07-1965
Reported in: AIR1966Ori55
ORDERG.K. Misra, J. 1. T. S. No. 206/57 in the Court of Munsif, Kendrapara was dismissed for default on 19-9-60. Mic. Case No. 178/60 filed to set aside the above order of dismissal was dismissed on 26-4-61. M. A. No. 81/61 in the Court of District Judge, Cuttack was filed against the order dated 25-4-61. During the pendency of this appeal, the sole plaintiff, Nanda Kishore Das died on 13-12-62 leaving behind his widow Sitamani Dei and son Amarendra Kishore Das as legal representatives. An application for substitution was filed in lime. It was allowed and substitution was made. The Misc. appeal was ultimately allowed on 1-2-64 and the learned District Judge directed that T. S. No. 206/57 be restored to file of the Munsif, Kendrapara. On 21-4-64, the records of the lower Court reached the Munsif and he passed the following order:'As per Order passed in Misc. Appeal No. 81 of 1961 the suit is restored to its original file. Call on 18-5-1964 for hearing.'The case was adjourned from date t...
Jhampuri Bewa Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jul-03-1965
Reported in: AIR1966Ori62
ORDERG.K. Misra, J.1. In T.S. No. 140 of 1964 in the Court of the Munsif, Kendrapara, there are three defendants. They are State of Orissa, Tahsildar, Kanika and S.D.O. Kendrapara. Opposite parties Nos. 4 to 7 who are residents of village Kandira, the village of the plaintiff, filed an application on 30-10-64 praying that they should be impleaded as party-defendants. Plaintiff's case is that she reclaimed 0.06 acre in plot No. 247 in village Kandira and is in possession of the same by amalgamating it with her own homestead area for more than 20 years. The Chakla Kanungo of Aul submitted a report in February, 1963 stating therein that the plaintiff was in possession only for 15 years. Thereupon the defendant No. 2 started an encroachment case No. 4 of 1963-64 against the plaintiff. The plaintiff filed the suit for declaration of her occupancy right over the suit plot, confirmation of possession and for permanent injunction. Defendants 1 to 3 have appeared in this suit, but have not file...
Sagua Barik Vs. Bichinta Barik and anr.
Court: Orissa
Decided on: Jul-03-1965
Reported in: AIR1966Ori225
ORDERG.K. Misra, J. 1. In T. S. No. 122/56 in the Court of the Munsif, Bargarh a preliminary decree for partition was passed on 13-11-58 which was confirmed in T. A. No. 61 of 59 in the Court of the Subordinate Judge of Sambalpur on 9-4-60. Concluding portion of the order dated 20-10-1962 in the final decree proceeding was to the following effect:'In the result, the preliminary decree be made final. The report of the Commissioner, traced map be made part of the final decree. The defendants are entitled to get Rs. 1.700 from the plaintiff towards the mesne profits for the years 1957 to 1960. The final decree proceeding shall remain open till the mesne profits for the year 1961 is calculated.' It is thus manifest that the Court did not pass any order regarding costs in the judgment of the final decree proceeding. On the basis of the order dated 22-10-62 final decree was drawn up on 17-11-1902. The decree however contained a clause regarding payment of costs which was not in the judgment ...
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