ANANTA JENA Vs. MARKANDA SINGH

JUDGEMENT

(1.) The Appellant, by filing this Appeal, under Sec. -100 of the Code of Civil Procedure (for short, 'the Code') has assailed the judgment and decree passed by the learned District Judge, Balasore in RFA No. 59 of 2014.

(2.) By the said judgment and decree, the First Appellate Court while allowing the First Appeal under sec. 96 of the Code filed by the Respondent Nos. 1 to 4 (Plaintiffs) has set aside the judgment and decree passed by the learned Civil Judge (Junior Division), Balasore in C.S. No. 192 of 2005-I. The suit for declaration of the right, title and interest of the Respondents Nos. 1 to 4 (Plaintiffs) over the suit land and confirmation of their possession; in further injunction the Appellant (Defendant No.1) and Respondent No. 5 (Defendant No.2) from creating any sorts of disturbance in peaceful possession of the Respondent Nos. 1 to 4 (Plaintiffs) over the suit land having been dismissed by the Trial Court, the same has been reversed by the First Appellate Court and finally, the suit has been decreed.

(3.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.