JUDGMENT :

Sanju Panda, J. - This appeal has been filed against the order dated 4.1.2007 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Interim Application No. 9", of 2005 arising out of C.S. No. 9", of 2006 rejecting the application of the Appellants filed under Order 39, Rules 1 and 2 of the CPC on contest.

2. The brief facts of the case are as follows:

The Appellants as Plaintiffs filed Civil Suit No. 9", of 2006 for declaration of their occupancy right over the suit property, preparation of a separate khata in their favour noting their occupancy status over the suit property with a prayer that a decree of permanent injunction be passed against Defendant No. 1 restraining him from coming upon the suit land and disturbing the peaceful possession of the Plaintiffs by making any construction thereon and declare that the registered lease deed No. 9", dated 23.1.1982 executed by Defendant No. 2 in favour of Defendant No. 1 is illegal and invalid and the said document does not create any right or interest with Defendant No. 1 in respect of the suit properties belonging to the Plaintiffs. The further case of the Plaintiffs was that originally the disputed property sto