JUDGMENT :

K.R. Mohapatra, J.

This appeal has been filed assailing the judgment and decree dated 30.10.2008 and 15.11.2008 respectively passed by the learned Civil Judge (Senior Division), Jagatsinghpur in C.S. No.208 of 2004 dismissing the suit. The suit was filed for declaration of right, title and interest of the plaintiff by way of adverse possession; to declare the order dated 06.04.2004 passed by the Commissioner of Endowments, Odisha, Bhubaneswar (defendant No.2) in O.A. No.128 of 1995 (II) under Section 25 of the Orissa Hindu Religious Endowments Act, 1951 (for short ‘the OHRE Act’) as null and void and for permanent injunction.

2. Case of the plaintiff in a nut shell is that the suit land, i.e., Consolidation Khata No.15, Plot No.236 measuring an area of Ac.0.32 decimal, corresponding to Sabik Settlement Khata No.17, Plot No.274, measuring an area Ac.0.32 decimal in Mouza: Anakhia, in the district of Jagatsinghpur stood recorded in the name of Sri Gopinath Jew, Bije at Adhanga, district-Jagatsinghpur (defendant No.1) (for short, ‘the deity’). The then Managing Trustee of the deity, Sri Harekrushna Tripathy sold the suit land to the plaintiff vide Registered Sale Deed No.3919