JUDGMENT :

Ananda Chandra Behera, J.

1. This 2nd Appeal has been preferred against the confirming Judgment.

2. The appellants in this 2nd Appeal are the LRs of the defendant No.1 in the suit vide T.S. No.62 of 1991 before the Trial Court and the appellants before the First Appellate Court in the First Appeal vide T.A. No.5 of 1998-GDC.

The respondent No.1 in this 2nd Appeal was the sole plaintiff before the Trial Court in the suit vide T.S. No.62 of 1991 and respondent No.1 before the First Appellate Court in the First Appeal vide T.A. No.5 of 1998-GDC.

The respondent No.2 in this 2nd Appeal was the defendant No.2 before the Trial Court in the suit vide T.S. No.62 of 1991 and respondent No.2 before the First Appellate Court in the First Appeal vide T.A. No.5 of 1998-GDC.

3. The suit of the plaintiff (respondent No.1 in this 2nd Appeal, Sibaram Sethi) against the defendant No.1 was a suit for recovery of possession in the form of mandatory injunction in respect of the suit properties described in the Schedule of the plaint i.e. Ac.0.05 dec. out of Ac.0.10 dec. of plot No.247 under Khata No.646 in Mouza-Dura under Berhampur Tahasil.

The genealogy described in Paragraph No.2 of the plaint is