JUDGMENT

D. DASH, J. - In this appeal under Section 100 of the Code of Civil Procedure (for short, called as “Code”), the appellant has called in question the judgment passed by the 1st Additional District Judge, Cuttack in R.F.A. No. 133 of 2010 followed by the decree, confirming the judgment and decree passed by the learned Civil Judge, Junior Division, First Court, Cuttack in C.S No.13 of 2007.

The appellant, as plaintiff, had filed the suit, for declaration of right of use of the land described in Schedule-‘B’ of the plaint as the pathway in coming over the land described in Schedule-‘A’ of the plaint and for permanent injunction. The suit having been dismissed, she had carried the appeal under Section 96 of the code, which has come to be heard and decided by the 1st Additional District Judge, Cuttack. Since no such fruitful result has yielded in the said first appeal in favour of the appellant, this appeal has been filed.

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 arraigned in the trial Court.

3. The plaintiff’s case is that she is the owner in possession of the landed pro