JUDGMENT :- This second appeal is by the plaintiffs from the confirming decision dated 10-4-1969 of Sri L. Mallik, Additional District Judge, Dhenkanal passed in T. A. No. 18/128 of 1967/1965.

2. The plaintiffs sued for declaration of their title to a passage forming part of plot No. 976 (Sch. A), for recovery of possession of the same and for injunction restraining the defendant from interfering with the plaintiff's user of the said passage. The plaintiffs also prayed for recovery of damages on account of damage caused to the ridge on plot No. 2789 (Sch. C) and for declaration of title to 0.01 decimal of land on plot No. 996 (Sch. B).

3. The plaintiffs and defendant are members of one family as would appear from the following genealogy :-

4. The plaintiff's case may be shortly stated. The three sons of Ratnakar separated from each other in all respects during the lifetime of their father and got their names separately recorded in revisional settlement of 1923-24 in respect of properties which fell to their shares in that partition and some properties were left joint for the maintenance of their mother. The said undivided properties were recorded jointly in their names. Subsequently i