JUDGMENT

A. K. GANGULY, J. — The appellant herein was the sole opposite party in a writ petition filed by Mira Roy, Mita Roy and Rita Roy (the respondents herein). No statutory authority was impleaded as opposite party in the writ petition. The entire dispute is over rights of property between private parties. The order dated 21.11.2003 passed by the District Judge, Cuttack in Misc. Appeal No.91 of 2003 is the subject matter of challenge.

2. The material facts are :-

The writ petitioners filed Civil Suit No.142 of 2003 in the Court of Civil Judge (Jr. Divn.), Ist Court, Cuttack, against the appellant praying for the following reliefs :-

“3.a. For an order of permanent injunction restraining the defendant/opp.party to change the nature and character of the suit property and not to make any construction over the vacant space.

3.b. Restraining the defendant/opp.party from clearing the main entrance adjoining to the main road.

3.c. For a direction to make all facilities available to the plaintiffs/petitioners to stay in the building conveniently as per their requirement and to maintain them.

3.d. Cost of the suit.

3.e. Any other reliefs deemed fit and proper.”

3. Along with the s