JUDGMENT :

Being aggrieved by the judgment and decree passed by the Learned Subordinate Judge, Bargarh (as it was then) in Title Suit No-1/1992 dismissing the Suit by rendering a decision on preliminary issue as regards the jurisdiction of the Civil Court in view of the bar contained u/S.16 of the Orissa Prevention of Land Encroachment Act, 1972, the present appeal has been filed by the unsuccessful plaintiffs.

2. For the sake of convenience, to avoid confusion and for proper appreciation, the parties hereinafter are being referred to as they have been arrayed in the trial court.

Plaintiffs as legal representatives of one Late-Jagannath Agrawalla have presented the plaint seeking the relief of declaration of their right, title and interest over the land described in Schedule-A of the plaint(suit land) and for confirmation of possession. Also a permanent injunction sought for restraining the Defendants from going over the suit land and creating any disturbance therein. On account of damage said to have been caused by the Defendants, compensation of Rs.1.5 lakhs is claimed. It is pertinent to state here that during pendency of this appeal, original plaintiff No. 1 died on 19.04.2006 le