JUDGMENT

D. Dash, J.

The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, 'the Code') has assailed the judgment and decree passed by the learned Additional District Judge, Dhenkanal in R.F.A. No. 38 of 2010.

The Respondent No.1 as the Plaintiff had filed Title Suit No.123 of 1999 in the Court of the Additional Civil Judge (Senior Division), Dhenkanal arraigning the Appellant and Respondent No.2 as the Defendants and one Ram Deo Laxminarayan as the 3rd Defendant, who having died during pendency of the suit, his name has been expunged as dead. The suit was for declaration of title, confirmation of possession with further prayer of permanent injunction over the land measuring Ac.0.04 dec. under Sabik Khata No.15, Plot No.263 corresponding to Hal Khata No.22, Plot No.256, an area of 6 ft. x 8 ft. and Hal Khata No.6, Plot No.257 of an area of 16 ft. x 80 ft. The suit having been decreed, this Appellant being the aggrieved Defendant No.1 had carried the Appeal under section 96 of the Code, which has also been dismissed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been refe