D.DASH
Maheswar Patel – Appellant
Versus
Khatkuri Gond – Respondent
JUDGMENT :
D. Dash, J.
The Appellants, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and decree dated 23.12.1998 & 07.01.1999 respectively passed by the learned District Judge, Sundergarh, in Title Appeal No.22 of 1993.
By the same, the Appeal filed by the present Appellants, being the unsuccessful Plaintiffs under section 96 of the Code has been dismissed and thereby the judgment and decree dated 07.05.1993 & 26.06.1993 respectively passed by the learned Munsif, Sundergarh in Title Suit No.18 of 1991, have been confirmed.
These Appellants (Plaintiffs) thus have been non-suited in the suit that they have filed against the Respondents (Defendants) filed the suit.
2. For the sake of convenience, in their order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.
3. The Plaintiffs filed the suit in their representative character representating the villagers of Chitabhanga in the township of Sudnergarh for declaration of their right and title over the suit land seeking further prayer to direct the Defendants not to do any overt
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