BANCHHANIDHI SAHOO Vs. DILIP KUMAR PATRA

JUDGEMENT

(1.) The petitioners are the defendants and the opposite parties are plaintiffs in C.S. No. 64 of 2004 pending in the court of Civil Judge (Senior Division), Nayagarh.

(2.) As per the writ petition, both the parties have their residential houses side by side. Opposite parties did not leave any space to the southern side of their house, whereas the petitioners erected a compound wall leaving a space measuring 6' in width to the northern side of their house. In other words in between southern side of their house and northern side of the house of the petitioners, there is a space of 6' width.

(3.) Before the trial court, both the petitioners and the opposite parties filed two separate petitions under Section 151 of C.P.C. The prayer of the opposite parties (plaintiffs) therein was to allow them to use the aforesaid vacant space for plastering and white washing of the southern face of the southern wall in the first floor of their house. The prayer of the petitioners (defendants) was to allow them to plaster and repair the damaged portion of the outer compound wall.