SECRETARY, IRRIGATION DEPARTMENT Vs. LAXMIDHAR MOHAPATRA

JUDGEMENT

(1.) This appeal at the instance of defendant nos.1 to 3 assails the reversing judgment of learned District Judge, Dhenkanal in T.A. No.16/85.

(2.) Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that the plaintiffs-respondent nos.1 to 4 instituted the suit for permanent injunction in the representative capacity. They represent the villagers of Bhagirathipur. The defendant nos.1 to 3 and 4 to 8 filed separate written statements denying the assertions made in the plaint. On the interse pleadings of the parties, learned trial court struck eleven issues. Both parties led evidence. The suit was dismissed. Assailing the judgment and decree, the plaintiffs filed T.A. No.16 of 1985 before learned District Judge, Dhenkanal. The same was allowed. It is apt to state here that during pendency of the second appeal, the respondent no.1-plaintiff no.1 died, whereafter the legal heirs have been substituted.

(3.) The second appeal was admitted on the substantial questions of law enumerated in grounds nos.(b) and (d) of the appeal memo. The same are: