KHIRAMOHAN NAIK Vs. JINDAL INDIA THERMAL POWER LTD

JUDGEMENT

(1.) The Appellant, by filing this Appeal, under Sec. 100 of Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dtd. 22/3/2021 & 31/3/2021 respectively passed by the learned Additional District Judge, Talcher in R.F.A. No.17 of 2016.

(2.) The Appellant with his mother, namely, Nuadei Nayak as the Plaintiffs had filed Civil Suit No.234 of 2010 in the Court of Civil Judge, Senior Division, Talcher arraigning the Respondent No.1 to 3 as the Defendants. The suit was for declaration of their right, title and interest over the property described in schedule 'A' of the Plaint and confirmation of possession and for further declaration of their natural right of easement over the property described in schedule 'B' of Plaint, and for recovery of possession of the same in the event of their dis-possession as well as permanent injunction and damage.

(3.) Being aggrieved by the said judgment and decree passed by the Trial Court, this Appellant and his mother had carried the Appeal under Sec. 96 of the Code. In the said Appeal, Respondent No.2 (Defedendant No.2) filed a cross objection. The First Appellate Court upon hearing the Appeal and the cross objection, has dismissed the appeal filed by the present Appellant and his mother (Plaintiffs) and allowed the cross-objection filed by the Respondent No.2 (Defendant No.2). Resultantly, the suit filed by the present Appellant and his mother as Plaintiffs, stood dismissed in its entirety. The mother of the Appellant, who was the co-Plaintiff with the Appellant having died in the meantime, her legal heirs have been impleaded as parties in this appeal being arraigned as Respondent No.4 to 8.