JUDGMENT

A.C. Behera, J.

This 2nd appeal has been preferred against the reversing judgment.

2. The respondent of this 2nd appeal was the sole plaintiff before the trial court in the suit vide T.S. No.03 of 1988 and he was the appellant before the 1st appellate court in the 1st appeal vide T.A. No.29 of 1990.

3. The appellants of this 2nd appeal were the defendants before the trial court in the suit vide T.S. No.03 of 1988 and they were the respondents in the 1st appeal before the 1st appellate court in T.A. No.29 of 1990.

4. The suit of the plaintiff (who is the respondent in this 2nd appeal) before the trial court vide T.S. No.03 of 1988 against the defendants (appellants in this 2nd appeal) was a suit for declaration and permanent injunction.

5. The case of the plaintiff before the trial court in the suit vide T.S. No.03 of 1988 against the State and Tahasildar (defendants) was that, in the year 1949, a company known as Development Co-operative Ltd. undertook constructions for a model colony at Gapabandhu Nagar, Berhampur in order to provide dwelling houses with other amenities such as roads, parks etc. to the inhabitants of the same. That development company obtained approval from Ber