JUDGMENT

The appellant in this appeal has called in question, the judgment and decree passed by the learned Additional District Judge, Bhanjanagar in RFA No. 16 of 2003. In the said appeal, the judgment and decree passed by the learned Civil Judge (Junior Division), Bhanjanagar in T.S. No. 45 of 2001 have been set aside.

The trial Court had dismissed the suit and counter claim. The lower appellate Court has decreed the suit declaring that the plaintiff has legal right to use the land under plot no. 834/2317 adjoining to his house standing over the land under plot no. 2341; further declaring that defendant no. 1 has no right to block the same by making any construction in any manner. Mandatory injunction has also been issued directing the defendant no. 1 to demolish and remove the construction made by him over the suit plot and on failure, the plaintiff is given the liberty to get it done through the process of law. The defendant no. 1 has also been restrained from making any further construction over the suit plot.

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