BISWADEV ROY Vs. PREM KHEMANI

JUDGEMENT

(1.) The Appellant by filing this Appeal under Sec. -100 of the Code of Civil Procedure (hereinafter called as 'the Code') has assailed the judgment and decree dtd. 30/9/2019 and 20/12/2019 respectively passed by the learned 1st Additional District Judge, Rourkela in RFA No.11 of 2017.

(2.) By the same, the judgment and decree passed by the learned Civil Jude (Sr. Division), Rourkela in C.S. No.122 of 2014 have been confirmed. Accordingly, the Suit filed by the Appellant as the Plaintiff has been dismissed and the counter claim lodged by the Respondents being the Defendants therein has been allowed. Thus, the Appellant has been denied with the relief of being entitled to remain in physical possession of the suit premises/property and his prayer for issuance of permanent injunction against the Respondents has been declined; whereas the counter claim filed by the Respondents has been allowed, directing the eviction of the Appellant from the suit premises/property.

(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.