IN THE HIGH COURT OF ORISSA AT CUTTACK

S.A. No.70 of 1995

(In the matter of an appeal under Section 100 of the Code of Civil Procedure, 1908)

Iswar Patra @ Iswar Chandra …. Appellants

Patra (since dead through his LRs)

-versus-

Asamani Patra …. Respondent

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Appellants - Mr. Prabhav Behera,

Advocate.

On behalf of

Mr. D. K. Mishra,

Advocate.

For Respondent - D. P. Mohanty,

Advocate. CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :19.11.2025 :: Date of Judgment :23.12.2025

A.C. Behera, J. This 2^nd appeal has been preferred against the

reversing judgment.

2. The appellants in this 2^nd appeal were the plaintiffs before the Trial Court in the suit vide T.S. No.99 of 1987 and respondents before the 1^st

Appellate Court in the 1^st Appeal vide T.A. No.8 of 1990.

The respondent in this 2^nd appeal was the defendant before the Trial Court in the suit vide T.S. No.99 of 1987 and appellant before the

1^st Appellate Court in the 1^st Appeal vide T.A. No.8 of 1990.

3. The suit of the plaintiffs (appellants in this 2^nd appeal) against the defendant (respondent in this 2^nd appeal) was a suit for declaration of title and recovery of possession.

4. The