MARIAM BIBI Vs. PRADEEP ALIAS PRADIPTA KISHORE MOHANTY

JUDGEMENT

(1.) The Defendants in Title Suit No. 123/71 of 1991/1989 of the Court of then Munsif, 2nd Court, Cuttack have filed this Second Appeal against the confirming Judgment and decree dated 15 -12 -1993 and 23 -12 -1993 respectively passed by the Addl. District Judge, Cuttack in Title Appeal No. 48 of 1992.

(2.) ORIGINAL Respondent Nos. 1 and 2 had filed the aforesaid Title Suit before the Munsif, 2nd Court, Cuttack praying for declaration that they had acquired right of easement by grant, prescription and by easement of necessity over the suit schedule land and for mandatory injunction for removal of obstruction existing on 'A' schedule property, and for permanent injunction restraining the Defendants from obstructing their (Plaintiffs) right of easement over the said land.

(3.) DURING pendency of the suit Defendant No. 1 died and his legal representatives were substituted in his place.