JUDGMENT

D. Dash, J. - The Appellants, by filing this Second Appeal filed under Section 100 of the Civil Procedure Code (for short, 'the Code') have assailed the judgment and decree dated 17.08.1987 and 01.09.1987 respectively passed by the learned Subordinate Judge, Parlakhemunid (as then it was) in Title Appeal No.01 of 1985.

These Appellants were the Defendants in T.S. No.15 of 1978 in the Court of the learned Munsif, Parlakhemundi (as then it was). The Respondents, as the Plaintiffs, claiming to be the hereditary trustees of the Deity, Sri Gramadebati Thakurani Bije at village-Budura, PS-Kasinagar in the district of Ganjam, had filed the Suit seeking the relief of a declaration that the Deity is and has been the owner-rayat of the suit lands at all relevant times and now entitled to possession of the suit land which is under attachment in a proceeding under section 145 of the Code of Criminal Procedure.

The Suit having been dismissed, those unsuccessful Plaintiffs have filed the Appeal under Section 96 of the Code. The First Appellate court has allowed the Appeal and accordingly the judgment and decree passed by the Trial Court have been set aside.

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