IN THE COURT OF THE SENIOR CIVIL JUDGE,

PURI
C.S. NO: 437 of 2024

1) Basanti Sahoo, aged about 60 years, W/o: Late

Bijay Kumar Sahoo,

2) Manas Ranjan Sahoo, aged about 33 years, S/o:

Late Bijay Kumar Sahoo,
3) Barsha Sahoo, aged about 25 years, D/o: Late Bijay
Kumar Sahoo,
All are resident of Village: Mudiratha, Po:
Bhubanpur, Ps: Bramhagiri, Dist: Puri - 752011.

4) Baisali Sahoo, aged about 28 years, D/o: Late Bijay

Kumar Sahoo, W/o: Sanjaya Dalabehera, resident of
Village: Bankijal, Po: Satapada, Ps: Bramhagiri,
Dist: Puri – 752011. …Plaintiffs
Vrs.

1) Brajakishor alias Braja Sahoo, aged about 70

years, S/o: Late Baban Sahoo,

2) Basanta Kumar alias Basanta Sahoo, aged about

55 years, S/o: Late Baban Sahoo,

3) Biranchi Sahoo, aged about 40 years, S/o: Late

Biharibandhu alias Bihari Sahoo,

All are residents of Village: Mudiratha, Po:

Bhubanpur, Ps: Bramhagiri, Dist: Puri - 752011.

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4) Bishnu Priya Pradhan, aged about 32 years, D/o:

Late Biharibandhu alias Bihari Sahoo, W/o:Basanta
Pradha, resident of Village: Siulitota, Mali Sahi, Po:
Pratappurussottampur, Ps: Chandanpur, Dist: Puri –
752012.

5) Jogendranath alias Jogi Sahoo, aged about 68

years, S/o: Late Sahadeb Sahoo,

6) Bairagi Charan alias Bairagi Sahoo, aged about

65 years, S/o: Late Sahadeb Sahoo,

7) Prabhakar Baral, aged about 50 years, S/o:

Bhramarbar Baral,

8) Bhaskar Baral, aged about 48 years, S/o:

Bhramarbar Baral,

Sl. No. 5 to 8 are residents of Village: Mudiratha,

Po: Bhubanpur, Ps: Bramhagiri, Dist: Puri – 752011.

9) Babita Baral, aged about 45 years, D/o: Late Rajani

Baral, W/o: Dinabandhu Machhua, resident of
Village: Balihata, Po: Kapileswarpur Part-1, Ps: Puri
Sadar, Dist: Puri – 752013.

10) Banalata Badajena, aged about 44 years, D/o: Late

Rajani Baral, W/o: Radhakrushna Badajena, resident
of Village: Apithi, Po: Gadakokal, Ps: Bramhagiri,
Dist: Puri – 752011.

11) Anita Bariki, aged about 42 years, D/o: Late Rajani

Baral, W/o: Narayana Bariki, resident of Village:

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Madhuban Ballia, Po: Talajanga, Ps: Chandanpur,

Dist: Puri - 752002.

12) Raghunath Prasad Harichandan, aged about 55

years, S/o: Late Rama Chandra Sahoo, resident of
Village: Navbadi, Po: Satapada, Ps: Bramhagiri,
Dist: Puri - 752010.

13) Dibakar Prasad Harichandan, aged about 52

years, S/o: Late Rama Chandra Sahoo, resident of
Village: Navbadi, Po: Satapada, Ps: Bramhagiri,
Dist: Puri – 752010 at present residing At: Samant
Vihar, M-43, Nalco Square, Bhubaneswar, Dist:
Khordha - 751017.

14) Durga Prasad Harichandan, aged about 50 years,

S/o: Late Rama Chandra Sahoo, resident of Village:
Navbadi, Po: Satapada, Ps: Bramhagiri, Dist: Puri –
752010 at present residing At: Siddha Chal, Phase -
6, Vasant Vihar, Thane, Maharashtra – 400610.

15) Ranjita Pradhan, aged about 48 years, D/o: Late

Rama Chandra Sahoo, W/o: Prakash Pradhan
resident of Village: Panaapada, Po: Panasapada, Ps:
Bramhagiri, Dist: Puri – 752010.

16) Tilotama Champaty, aged about 75 years, D/o:

Krushna Chandra Sahoo, W/o: Dinabandhu
Champaty, resident of Village: Jenapur, Po:
Bhubanpur, Ps: Bramhagiri, Dist: Puri.

…Defendants

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Suit for partition valued at Rs.5,10,000/-(Rupees Five Lakh Ten

Thousand only)

The above named plaintiffs most respectfully beg to state as follows.

1) That, the plaintiffs and defendants are Hindus by birth and they are
governed under Mitakshara School of Hindu Law and the plaintiffs
filed this suit for partition in their individual capacity and the
defendants are sued as such.

2) That, the genealogy is given in the plaint under Schedule ‘A’ which
indicate the relationship of the parties and the particulars of the suit
property is narrated under Schedule ‘B’ below of the plaint
respectively which is part and parcel of this plaint.

3) That, the property set forth under Schedule ‘B’ of the plaint situated
under Mouza: Khandualapur, Khata No.: 32/35 (Thirty Two by Thirty
Five), Plot No: 32 (Thirty Two), Area: Ac.6.900 dec. Kisam:
Bajefasal Dui under sthitiban status.

4) That, the factual matrix of the case is that the parties to the suit
belongs to one common ancestor namely Late Gopinath Sahoo, who
had three sons namely Late Baman alias Baban Sahoo, Late Sahadeb
Sahoo, and Krushna Chandra Sahoo and the suit property narrated
under Schedule ‘B’ of the plaint, in settlement RoR finally published
under Khata No.30 (Thirty) was recorded jointly in the names of
Baman alias Baban Sahoo, Sahadeb Sahoo and Krushna Chandra alias
Krushna Sahoo, all are Sons of Late Gopinath Sahoo having equal
share each and after their demise the suit schedule property vide M.C.
No.3066/2015 is recorded in the names of the legal heirs of the
respective Baman alias Baban Sahoo, Sahadeb Sahoo and Krushna
Chandra Sahoo having Five Anna Chari Pahi i.e. 1/3rd share to each

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branches, which is equal to Ac.2.300 dec. and as such the plaintiffs

being the legal heirs of deceased Bijay Kumar Sahoo, S/o: Late
Baman alias Baban Sahoo have 1/4th share in the 1/3rd share of Late
Baman alias Baban Sahoo over the suit schedule property i.e.
Ac.0.575 dec. and similarly the defendant No.1 and 2 being the sons
of deceased Baman alias Baban Sahoo have also 1/4th share each in
his 1/3rd share i.e. Ac.0.575 dec. each and defendant No.3 and 4 being
the son and daughter of Late Biharibandhu alias Bihari Sahoo has
1/4th share in the 1/3rd share of Late Baman alias Baban Sahoo which
is equal to Ac.0.575 dec.

5) That, further the defendants No.5 and 6 being the sons of Late
Sahadeb Sahoo have 1/2nd (Half) share i.e. Ac.1.150 dec. each over
the 1/3rd share of deceased Sahadeb Sahoo which is equal to Ac.2.300
dec. over the suit schedule property. Similarly, Krushna Chandra alias
Krushna Sahoo died leaving behind three daughters namely Naranga
alias Nirupama Sahoo, Rajani Baral and Tilotama Champaty, the
defendant No.16 who has 1/3rd share i.e. Ac.0.766.66 dec. out of 1/3rd
share i.e. Ac.2.300 dec. of Late Krushna Chandra alias Krushna
Sahoo. Similarly, the said Naranga alias Nirupama Sahoo died
intestate leaving behind defendants No.12 to 15 as her legal heir, who
have 1/3rd share i.e. Ac.0.766.66 dec. out of 1/3rd share i.e. Ac.2.300
dec. of Late Krushna Chandra alias Krushna Sahoo and Rajani Baral
died intestate leaving behind two sons and three daughters who have
been impleaded as defendants No.7 to 11 and husband namely
Bhramarabar Baral but as the suit property does not devolve to him
u/Sec.15 (2) (a) of Hindu Succession Act, he has not been impleaded
as a party and the defendants No.7 to 11 have 1/3rd share i.e.

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Ac.0.766.66 dec. over the suit schedule property out of 1/3rd share of
Late Krushna Chandra alias Krushna Sahoo.

6) That, though the suit property was amicably orally partitioned by the
ancestors of the plaintiffs and defendants and they are in separate
possessions of their respective shares but the RoR is jointly recorded,
therefore, the plaintiffs approached the defendants several times to
prepare written documents in respect of the said oral amicable
partition of the suit property and separate the RoR in respect of their
shares by metes and bounds but the defendants are playing hide and
seek by creating trouble in the peaceful possession of the plaintiffs in
respect of the schedule of property.

7) That, due to dissension in the family it is no longer possible for the

plaintiffs to enjoy the suit land as per their fathers 1/4th share out of
1/3rd share of Late Baman alias Baban Sahoo for which the plaintiffs
have been compelled to take the shelter of this Hon’ble court and filed
the suit for partition for division by meets and bounds in respect of
their 1/4th share out of 1/3rd Share of Late Baman alias Baban Sahoo
and prays for the following relief(s).

I. That, the Hon’ble court be pleased to pass a preliminary

decree declaring the plaintiffs 1/4th share out of 1/3rd share of
deceased Baman alias Baban Sahoo over the suit property and
direct the defendants to make partition of the suit land within
time specified by the Hon’ble court failing which the court
may pass a decree for allotting the respective share in favour
of the plaintiffs through a court commissioner at the cost of
the plaintiffs and the decree may be made final.
II. That, the cost of the suit be decreed against the defendants and
in favour of the plaintiffs.

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III. That, any other order/orders be passed as the Hon’ble court

deems proper and just in favour of the plaintiffs.

8) That, the cause of action arose for the suit on 16th September 2024
when the plaintiffs demanded for amicable partition of the suit
properties as per the oral amicable partition effected by their ancestors
situates within the jurisdiction of this Hon’ble court and the
defendants refused to make partition of the suit land, for which the
suit for partition is filed.
9) That, the suit for partition is valued at Rs. 5,10,000/- (Rupees Five
Lakh Ten Thousand only) for the purpose of jurisdiction and the suit
being the suit for Partition, fixed ad-volerum court fees worth of
Rs.300/- is paid along with the plaint.
Genealogy - Schedule ‘A’
Late Gopinath Sahoo

Late Baman Late Sahadeb Sahoo Late Krushan @

@ Baban Sahoo Krushna Chandra Sahoo

Brajakishore (D-1) Jogendra (D-5) Tilotama (D-16)

Basant (D-2) Bairagi (D-6) Late Rajani
Late Biharibandhu Prabhakar(D-7)
Biranchi (D-3) Bhaskar (D-8)
Bishnupriya (D-4) Babita (D-9)
Late Bijay Banalata (D-10)
Basanti (Plt. - 1) Anita (D-11)
Manasranjan (Plt. - 2) Late Naranga
Baisali (Plt. - 3) Raghunath(D-12)
Barsa (Plt. - 4) Dibakar (D-13)
Durga (D-14)
Ranjita (D-15)

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Suit Property - Schedule ‘B’

Mouza: Khandualapur, Khata No.: 32/35 (Thirty Two by Thirty Five),
Plot No: 32 (Thirty Two), Area: Ac.6.900 dec. Kisam: Bajefasal Dui,
Status: Sthitiabn. The approx. valuation of this property is Rs.5,10,000/-
(Rupees Five Lakhs Ten Thousand) only
Documents relied upon:
1) RoR of Mutated Khata No.32/35 under Mouza: Khandualapur.
2) RoR of Settlement Khata No.30 under Mouza: Khandualapur.
Documents if any to be filled at the time of hearing.
Verification
We, 1) Basanti Sahoo, aged about 60 years, W/o: Late Bijay Kumar
Sahoo, 2) Manasa Ranjan Sahoo, aged about 33 years, S/o: Late Bijay
Kumar Sahoo, 3) Barsha Sahoo, aged about 25 years, D/o: Late Bijay
Kumar Sahoo, All are resident of Village: Mudiratha, Po: Bhubanpur, Ps:
Bramhagiri, Dist: Puri – 752011 and 4) Baisali Sahoo, aged about 28
years, D/o: Late Bijay Kumar Sahoo, W/o: Sanjaya Dalabehera, resident
of Village: Bankijal, Po: Satapada, Ps: Bramhagiri, Dist: Puri - 752011,
do hereby verify that the fact stated above are true to our knowledge,
belief and information, so we put our signature here on this day of 09th
October 2024 being present in the court premises at Puri.

Verificants

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Affidavit
I Manasa Ranjan Sahoo, aged about 33 years, S/o: Late Bijay Kumar
Sahoo, resident of Village: Mudiratha, Po: Bhubanpur, Ps: Bramhagiri,
Dist: Puri - 752011, do hereby solemnly affirm and state as follows:

1) That, I am deponent of this affidavit and the plaintiff No.2 in this case
and I am looking after the case for other plaintiffs.
2) That, the facts stated above are all true to the best of my knowledge,
belief and information.
Identified by

Deponent
Advocate

Certified that the affidavit has

been typed to my dictation.

Advocate

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