Orissa Court May 1984 Judgments

Mani Dhal Vs. Padma Charan Dhal and ors.

Court: Orissa

Reported in: AIR1984Ori169; 57(1984)CLT546; 1984(I)OLR467

ORDERR.C. Patnaik, J.1. This revision is directed against an order passed by the learned Munsif, Kendrapara, disallowing the motion of the plaintiff-petitioner under Order 18, Rule 2 (4), Civil P. C., seeking permission to prove certain documents after closure of the evidence of both the parties. 2. The petitioner filed Title Suit No. 76 of 1979 for declaration of title, confirmation of possession and in the alternative for recovery of possession and for permanent injunction. He alleged that the defendants and he were the descendants of the common ancestor. Title Suit No. 109 of 1952 was filed by the father of defendants 3 and 4 against the father of defendants 1 and 2 and the plaintiff. The parties reached an amicable settlement and the suit was disposed of on compromise, allotting specific properties. Title to specific properties is traceable to the compromise decree. The defendants, however, in violation of the compromise decree, threatened to interfere with the enjoyment of the pro...