JUDGMENT :

BISWANATH RATH, J.

1. This Civil Miscellaneous Petition involves setting aside of the order dated 15.5.2017 passed by the learned Civil Judge (Junior Division), Bhadrak in Civil Suit No.268 of 2014.

2. Short background involved in the case is that opposite party nos. 1 to 4 as plaintiffs filed a suit bearing Civil Suit No.268 of 2014 in the court of Civil Judge (Junior Division), Bhadrak for permanent injunction against the defendant-petitioners including opposite party no.5 also defendant no.1 in the court below. Plaintiffs claimed that the suit property is their ancestral property. In the major settlement operation, the suit property has been recorded in their names and it is alleged that the defendants having no manner of right, title, interest and possession, are trying to dispossess the plaintiffs from the suit land. Hence the suit for permanent injunction. The defendants on their appearance filed written statement denying the allegations as well as the claims made in the suit. Defendants claimed that the suit property originally belonged to Sayed Jamal Saheb, Bije Nandigaon Mirzapur, marfat Champa Saha, Gufar Saha and others. The defendants claimed to be the legal hei