D.DASH
Kanhu Mallik @ Kahnu Charan Mallik – Appellant
Versus
Trilochan Mukhi – Respondent
JUDGMENT :
The Appellants, by filing this Appeal under Section- 100 of the Code of Civil Procedure (for short, ‘the Code’) have assailed the judgment and decree dated 09.12.1996 and 20.12.1996 respectively passed by the learned Additional District Judge, Bhubaneswar in Title Appeal No.27 of 1990.
By the same, the Appeal filed by the present Appellants (Defendants) under Section-96 of the Code has been dismissed and the judgment and decree dated 25.06.1990 and 07.07.1990 respectively passed by the learned Munsif, Bhubaneswar in Title Suit No.215 of 1988-I decreeing the suit filed by the Respondent, as the Plaintiff, in restraining the Appellants (Defendants) from entering upon the suit land and disturbing the peaceful possession of the (Respondent) Plaintiff over it having been confirmed; further direction issued to the Appellants (Defendants) to pay a sum of Rs.300/- to the Respondent (Plaintiff) as damage has also not been interfered with.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.
3. The Plaintiff’s case is that he is the owner in possession of the suit land
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