DAMODAR NAIK Vs. JOGINDRA PATEL AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed under section 100 of the Code of Civil Procedure challenging the judgment and decree passed by the learned District Judge, Bargarh in R.F.A. No.21 of 2010.

(2.) The respondent asv the plaintiff has filed Civil Suit No.72 of 2007 in the Court of the learned Civil Judge (Jr. Division), Bargarh for a permanent injunction against the appellant-defendant restraining him from entering upon the suit land and thereby create any disturbance in the possession of the plaintiff over it. The suit had been dismissed. Being thus unsuccessful, the respondent-plaintiff had filed the above noted first appeal. The lower appellate court has set aside the judgment and decree passed by the trial court and by allowing the appeal has decreed the suit restraining the appellant-defendant No. l from interfering with the possession of the plaintiff insofar as the suit land is concerned till he works out the appropriate remedy by partition.

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