JUDGMENT :

The appellants in this appeal have called in question the judgment and decree passed by the learned District Judge, Jagatsinghpur in RFA No. 19 of 2008 reversing the judgment and decree passed by the learned Civil Judge (Jr. Division), Kujang in C.S. No. 26 of 2004.

The appellants as the plaintiff had filed the suit for permanent injunction simplicitor against the respondent – defendants from interfering in their peaceful possession so far as the suit land is concerned. The trial court had decreed the suit and on an appeal being filed by the respondents as the unsuccessful defendants, these appellants/ plaintiffs have been non-suited. Therefore, now they have approached this Court with this appeal under section 100 of the Code of Civil Procedure.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the court below.

3. The case of the plaintiffs is that the suit land as per the sabik settlement stood recorded in the name of Sricharan Mohapatra and others. Father of defendant no. 1 and 2 namely, Doli Samal and Babaji Samal got Ac. 0.20 decimals of land under that sabik plo