KISHORE KRISHNA PIRI Vs. CHAIRMAN, BALASORE MUNICIPALITY

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dtd. 7/10/2023 and 13/10/2023 respectively passed by the learned District Judge, Balasore in R.F.A. No.38 of 2019. The Appellant as the Plaintiff had filed Civil Suit No.810 of 2012 in the Court of learned 3rd Additional Senior Civil Judge, Balasore. The suit is for declaration of his title over the land as described in Schedule 'A' of the plaint and for permanent injunction against the Respondents arraigned therein as the Defendants. The suit having been dismissed, the Appellant as the unsuccessful Plaintiff had carried Appeal under Sec. -96 of the Code, which has also been dismissed. Hence, the present Second Appeal is at the instance of Appellant (Plaintiff) who has remained unsuccessful in both the Courts below.

(2.) 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.

(3.) The prayer as advanced in the plaint in specific are :- to declare that the Major Settlement Record of Right published on 22/1/1986 is illegal and erroneous; declare that the Defendants are not possession in the suit land by virtue of the registered agreement dtd. 16/6/1965; confirm the possession of the Plaintiff over the suit land; and permanently restrain the Defendants from entering upon the suit land.