ORDER :- This writ application is directed against the order dated 15-2-2007 passed by the learned District Judge, Balasore in RFA No. 138 of 2004 dismissing the appeal as not maintainable and consequently holding that the application filed under S. 5 of the Limitation Act is inconsequential.

2. Opposite parties 1 to 4 filed Civil Suit No. 745 of 2004 in the Court of the learned Civil Judge (Senior Division), Balasore for declaration of right, title, interest over the suit schedule land and for permanent injunction. The petitioners and opposite parties 5 and 6 were defendants in the suit. The case of the plaintiff opposite parties 1 to 4 is that the suit schedule land originally belonged to the defendants but the plaintiffs took over possession in the year 1990 and have been possessing the same by exercising their right of ownership openly, peacefully and continuously to the knowledge of the real owner. The case of the plaintiffs is that when the defendants attempted to take forcible possession of the suit land, the plaintiffs had no other option except to file the suit. During pendency of the suit, the petitioners, who are defendants in the suit, proposed for an amicable settlement