JUDGMENT :

This appeal has been filed challenging the judgment and decree passed by the learned Addl. District Judge, Baripada in R.F.A. No. 13 /68 of 2007-2008 reversing the judgment and decree passed by the learned Civil Judge (Sr. Division), Karanjia in Title Suit No. 60 of 2000.

The appellant as the plaintiff having filed the suit for declaration of his right, title and interest in respect of the suit land, confirmation of possession and permanent injunction against the respondent no. 1 arraigning it as defendant no. 1 and others also as defendants, the same stood decreed. The respondent no. 1 (defendant no. 1) thus having suffered from the judgment and decree of the trial court carried an appeal under section 96 of the Code of Civil Procedure. The lower appellate court in allowing the appeal has set aside the judgment and decree passed by the trial court which has resulted the dismissal of the suit. Now therefore, this appeal under section 100 of the Code has been filed by the legal representatives of the plaintiff who has been non-suited.

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 b