(1.) Since the issues involved in both the captioned appeals are interrelated; the parties are also same and the challenge is also to the self-same judgment and decree passed by the High Court of Orissa, those were taken up for hearing analogously and are being disposed of by this common judgment and order.
(2.) Both the captioned appeals are at the instance of the legal representatives and heirs of the original defendant No. 1 (Late Shri Prafulla Sahoo S/o Kumar Sahoo) and are directed against the judgment, order and decree passed by a Division Bench of the High Court of Orissa at Cuttack dtd. 5/5/2011 in AHO No. 133 of 2000 by which the Division Bench of the High Court dismissed the Letters Patent Appeal filed by the appellants herein thereby affirming the judgment and decree of partition passed by the Trial Court in the Title Suit No. 348 of 1980 instituted by the original plaintiff (Respondent No. 1 herein) and on the other hand allowed the cross-objections filed by the Original Defendant No. 2, thereby setting aside and declaring the compromise recorded by the First Appellate Court entered into between the Late Prafulla Sahoo and his sister i.e., the Defendant No. 2 in the suit to be invalid.
(3.) This litigation relates to the partition of ancestral properties of one Kumar Sahoo, between the appellants who are the legal representatives and heirs of the Defendant No. 1 (Late Mr. Prafulla Sahoo S/o of Kumar Sahoo), the Respondent No. 1 herein i.e., the Plaintiff (Mrs. Charulata Sahoo daughter of Kumar Sahoo) and the Respondent No. 2 who are the legal representatives and heirs of the Defendant No. 2 (Mrs. Santilata D/o Kumar Sahoo)