B.P.DAS
Krushna Chandra Barik – Appellant
Versus
Nimai Charan Panda – Respondent
JUDGMENT
B. P. DAS, J. — This Civil Revision is directed against the order dated 21.8.2001 passed by the Addl. District Judge, Jajpur, in T. A. No. 10 of 1998, rejecting petitioner’s application pray¬ing for abatement of the appeal.
2. The short facts necessary for disposal of this revision application may be stated thus :
The father of O.P. No.1 Batakrushna Panda, and O. P. No. 2, Nilakantha Panda, filed T. S. No. 183 of 1992 in the Court of the Civil Judge (Senior Division), Jajpur, impleading the present petitioner as defendant No. 1 and O. P. Nos. 3 to 5 as defendant Nos. 2 to 4, for declaration of their right, title, interest and possession over the suit land and further for a declaration that the suit land was part and parcel of the plaintiffs' R. S. plot No. 4948 and not of defendants' C.S.plot No. 2133. The plaintiffs also prayed for confirmation of their possession over the suit land and alternatively for recovery of possession with a decree of permanent injunction against defendant No. 1 and damages and cost of the suit. The aforesaid suit was ultimately decreed declaring the right, title and interest of the plaintiffs over the suit land and confirming their possession ov
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