Babaji Charan Patri And Another vs Hemanta Kumar Patri And Others
2021 Latest Caselaw 11768 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RSA No.215 of 2020
             Babaji Charan Patri and another      ....        Appellants
                                            Mr. B.K. Mohanty, Advocate
                                     -versus-
             Hemanta Kumar Patri and others       ....       Respondent

                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                        ORDER

15.11.2021 Order No. I. A. No.494 of 2020

02. 1. In view of the Office note, the present I.A. has become infructuous and is disposed of accordingly.

RSA No.215 of 2020

2. Heard Mr. B.K. Mohanty, learned Advocate, on consent, for admission under Order XLI, Rule 11 C.P.C.

3. The present appeal is by the Plaintiffs against confirming judgment of the learned First Appellate Court. The suit was for setting aside the compromise decree dated 4.7.1953/29.8.1953 on the ground of fraud. The sole ground taken was that, the said decree has been obtained by impersonation after death of the father of the Plaintiffs. However, learned trial court as well as the First Appellate Court have come to the finding that the Plaintiffs- Appellants have failed to substantiate their stand that their father late Sukadev Patri died before the compromise decree was

passed. It is also observed by learned trial court that the Plaintiffs were unable to say the exact date of death of their father.

4. Having heard learned counsel for the Appellants, no reason is found to admit the appeal.

5. Accordingly, the appeal is dismissed.

( B.P. Routray) Judge

B.K. Barik