JUDGMENT :

D.Dash, J.

The State of Orissa and its other functionaries, by filing this Appeal, as the Appellants, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and decree dated 07.07.1997 and 21.07.1997 respectively passed by the learned Civil Judge, Senior Division, Keonjhar in Title Appeal No.36 of 1995.

By the same, the Appeal filed by Respondents 1 to 5 as the unsuccessful Plaintiffs, under section 96 of the Code, has been allowed and thereby the judgment and decree dated 28.10.1995 and 20.11.1995 respectively passed by the learned Civil Judge, Junior Division, Keonjhar in Title Suit No.36 of 1985 have been set aside.

The suit pursued by these Respondents 1 to 5, being the legal representatives of the original Plaintiff, namely, Gourang Mohanta being dismissed by the Trial Court, on Appeal, the same has been decreed.

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 Trial Court.

3. The Plaintiff’s case is that one Kartika Mohanta is the common ancestor of the Plaintiffs and Defendants.8 to 10. He acquired the sui