JUDGMENT :

This appeal has been filed challenging the judgment and decree passed by the learned Ad hoc Addl. District Judge, FTC IV, Cuttack in RFA No. 128 of 2003 confirming the judgment and decree passed by the learned Civil Judge (Jr.Divn.), 2nd Court, Cuttack in T.S 173/01 (196/87).

The appellants as the plaintiffs filed the above noted suit against the respondent-defendants for declaration of their right, title, interest and possession over the suit property better described in schedule appended to the plaint with further reliefs of cancellation of orders passed by the Consolidation Officer, Deputy Director, Commissioner, Consolidation as null and void being without jurisdiction. The suit having been dismissed, these appellants being the unsuccessful plaintiffs have carried an appeal under Section 96 of the Code of Civil Procedure. The lower appellate court having declined to set aside the findings of the trial court as also the order of dismissal of the suit, the present second appeal has been filed under Section 100 of the Code.

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