(1.) Defendant No. 3 is the appellant. The appeal arises out of an order granting temporary injunction in a suit for confirmation of possession and permanent injunction. The suit relates to a tank and its embankments locally known as 'Kendu Gadia' measuring 1 acre 41 cents.
(2.) CLAIMING to be in peaceful possession since 1938, plaintiffs prayed for temporary injunction as the State of Orissa (defendant No. 1) transferred the tank to Polosora Grama Panchayat and subsequently it has been transferred to the Kodala Notified Area Council and in view of the fact that a proceeding has been initialed against the plaintiffs under the Prevention of Land Encroachment Legislation in the State for their eviction.
(3.) A bare reading of the petition for injunction, the objection thereto and the documents filed lead to the only conclusion that the parties adverted to the question of possession of the tank. The trial Court also granted the injunction prayed for on the finding of possession only.