JUDGMENT

A.C. Behera, J.

This Second Appeal has been preferred against the reversing judgment.

2. The Appellant of this Second Appeal was the defendant No.1 before the Trial Court in the suit vide T.S. No.149 of 1988-I and he was the respondent No.1 before the First Appellate Court in the First Appeal vide T.A. No.31 of 1993.

The respondents of this Second Appeal were the plaintiff Nos.1, 2 & 4 and defendant Nos.2 & 3 before the Trial Court in the suit vide T.S. No.149 of 1988-I and they were the appellant Nos.1, 2, & 3 and respondent Nos.2 & 3 before the First Appellate Court in the First Appeal vide T.A. No.31 of 1993.

3. The suit of the plaintiffs (those are the respondent Nos.1, 2 & 3 in the Second Appeal) against the defendant No.1 (who is the sole appellant in the Second Appeal) was a suit for permanent injunction.

4. The case of the plaintiffs before the Trial Court was that, Govinda Upadhaya was the common ancestor of the plaintiffs and defendant Nos.2 & 3. The said Govinda Upadhaya had three sons, namely, Banamali, Dasarathi and Ganesh. The plaintiffs belong to the branch of Dasarathi.

Dasarathi died leaving behind his son Krutibash. Krutibash died leaving behind his son Jogendra