JUDGMENT :

A.K. Rath, J.

This appeal at the instance of the defendant nos.1, 2 and 4 assails the reversing judgment of learned District Judge, Cuttack in R.F.A. No.72 of 2004.

2. Plaintiff-respondent no.1 instituted the suit for permanent injunction restraining the defendants from interfering with his peaceful possession and mandatory injunction directing the defendants to remove the structure over the suit land. The case of the plaintiff is that he is the owner in possession of the land appertaining to Khata No.370, Hal Plot No.528, Ac.0.20 dec. of village-Paikapadapatna, Dist.-Cuttack. The land is recorded in his name along with his mother. He has been cultivating the land by using "public road" appertaining to Hal Plot No.526, admeasuring Ac.0.18 dec. The same is adjacent to his land and recorded as public road. The length of the road is about 600 kadi in East-West direction and about 30 kadi in South-North direction. The public road is being used by him as well as the public to enter into their own land since more than 30 years. When the defendant nos.1 to 3 constructed a pucca building encroaching upon the said road covering the entrance of the plaintiff and others by closing the