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OS.08/2013
FAIR
IN THE COURT OF THE JUNIOR CIVIL JUDGE, ICHAPURAM.
Present:- M/s.J.Sowmya Josphine, Judl. Magistrate of 1st Class, Special Mobile Court, Srikakulam. (FAC) Junior Civil Judge, Ichapuram.
Wednesday, this the 2nd day of March, 2022.
O.S.No.08/2013
Between:
Hari Hara Sahu, S/o late Bhagiradhi Sahu, aged about 43 years, Indian, Hindu, Telukala by caste, Business, R/o D.No.4-3-33, Fakeerpeta Street, Ichapuram Municipality and Thahasil, Srikakulam District. Plaintiff
And:
1.Uday Sahu, S/o late Bhagiradhi Sahu, aged about 40 years, ndian, Hindu, Telukala by caste, Business, R/o D.No.4-3-33(1), Fakeerpeta Street, Ichapuram Municipality and Thahasil, Srikakulam District and permanent R/o Near Goods Shed Road, No.11, Railway Gate, Titagarah PS, Titagarah, Calcutta-119.
2.Smt. Lakshmi Sahu, W/o Gurumurthy Sahu, aged about 50 years, Indian, Hindu, Telukala by caste, Household duties, R/o D.No.2-100, Mulipadu village, Via Sondipudi, Mandasa Post and Mandalam, Srikakulam District.
3.Gurumurthy Sahu @ Dhoba, S/o late Bhollabhava Sahu, aged about 56 years, Indian, Hindu, Telukala by caste, Cultivation, R/o D.No.2-100, Mulipadu village, Via Sondipudi, Mandasa Post and Mandalam, Srikakulam District. Defendants
This suit is coming on 02-03-2022 for final hearing before me in the presence of Sri.V.C.Patnaik, Advocate for plaintiff; and of
Sri.N.Viswanath and N.V.S.Rangarao, Advocates for Defendants; and having stood over till this day for consideration, this court delivered the following:
JUDGMENT
This is a suit filed by the plaintiff against the defendants for a permanent injunction restraining the defendants, their agents, 2
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associates, servants and workmen from ever interfering with plaintiff’s possession and enjoyment over the plaint schedule properties and further restrain the defendants not to execute any kind of documents in any one favour in respect of the Will dated 20- 05-2011 schedule properties, costs of the suit and such other reliefs.
IA.10/2022 is allowed by advancing the matter from 10-03-2022 to 02-03-
2022.
At this stage, learned counsel for plaintiff filed not press memo stating that the plaintiff is not pressing the suit against the Defendants No.2 & 3 and same may recorded in the interest of justice. Plaintiff and Defendant No.1 called present along with their respective counsels. Hence, the suit against the
Defendants No.2 & 3 was dismissed as not pressed by the plaintiff on filing of not press memo. Compromise petition filed under Order 23 Rule 2 of CPC by the plaintiff and Defendant No.1 as per the terms and conditions mentioned in the said petition and same may recorded in the interest of justice. Hence, the suit against Defendant No.1 was dismissed as plaintiff got compromised with
Defendant No.1 on filing compromise petition. No costs.
Pronounced by me in open court, this the 2nd day of March,
2022.
Sd. M/s. J.Sowmya Josphine
Judl. Magistrate of 1st Class, Special Mobile Court, Srikakulam.
(FAC) JUNIOR CIVIL JUDGE
ICHAPURAM
APPENDIX OF EVIDENCE
Witnesses Examined
For Plaintiff: For Defendants: PW-1Hari Hara SahuDW-1Uday Sahu PW-2Botta DevarajDW-2Dabbiru Murali PW-3Uriti BhaskararaoDW-3Lakshmi Sahu DW-4V.Tulasidas, Sub Registrar, IPM.
Exhibits marked
For Plaintiff: Ex.A1Original Will deed dated 06-11-2007 filed by the plaintiff. Ex.A2Original Will deed dated 20-05-2011 filed by the plaintiff.
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Ex.A3Original Death Certificate of Telukala Damayanthi Sahu dated 09-01- 2013. Ex.A4Office copy of the letter of Bagiradhi Sahu (father of plaintiff) dated 17-07-2006 which is addressed to the Commissioner, Ichapuram Muncipality. Ex.A5Original acknowledgment from the Muncipal Commissioner, Ichapuram dated 17-07-2006. Ex.A6Original demand notice on property tax dated 28-06-2000 on the D.No.4-3-33/1. Ex.A7Original Tax receipts dated 14-07-2006 of Mee-Seva, Ichapuram Muncipality for the D.No.4-3-33. Ex.A8Original tax receipts dated 14-07-2006 of Mee-Seva, Ichapuram Muncipality for the D.No.4-3-33/1. Ex.A9Original demand notice dated 28-06-2000 for the D.No.4-3-33. Ex.A10Original demand notice dated 18-10-2006 for D.No.4-3-33. Ex.A11Original demand notice dated 18-10-2006 for D.No.4-3-33/1. Ex.A12Original demand notice dated 14-11-2012 for D.No.4-3-27. Ex.A13Original demand notice dated 14-11-2012 for D.No.4-3-33. Ex.A14Original demand notice dated 14-11-2012 for D.No.4-3-33/1. Ex.A15Office copy of the legal notice dated 25-04-2013. Ex.A16Original postal receipt dated 03-04-2013. Ex.A17Original postal acknowledgment dated 06-04-2013. Ex.A18True copy of the representation dated 02-04-2013 sent through registered post with acknowledgment by the plaintiff. Ex.A19Original served copy of endorsement vide No.269/2013 dated 02-05- 2013. Ex.A20Postal acknowledgment dated 28-04-2013. Ex.A21Postal acknowledgment dated 05-05-2013. Ex.A22Postal receipts in 4 numbers are dated 25-04-2013.
For Defendants: Ex.B1Original registered Will dated 15-12-2010 executed by Damayanthi Sahu in favour of DW-1. Ex.B2Original registered sale deed dated 29-05-1978 in favour of Damayanthi Sahu executed by Mruthyunjayarao, Venkatagiri, Jayaprakash Narayanarao and Ome Rajagopal through their GPA Bendalam Mruthyunjayarao. Ex.B3Original Proceedings of the Commissioner, Ichapuram Muncipality
dated 23-03-2013.
Ex.B4Original Proceedings of the Commissioner, Ichapuram Muncipality
dated 23-03-2013.
Sd. M/s. J.Sowmya Josphine
Judl. Magistrate of 1st Class, Special Mobile Court, Srikakulam.
(FAC) JUNIOR CIVIL JUDGE
ICHAPURAM
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