DIBAKAR NAIK Vs. HARA NAIK

JUDGEMENT

(1.) DEFENDANTS are the appellants before this Court against a confirming judgment.

(2.) PLAINTIFFS -respondents had filed a suit for partition of properties mentioned in Schedule -B of the plaint claiming half share therein. Case of the plaintiffs -respondents is that the land in dispute situate in Chakundapal village under Khata No. 32 measuring Ac. 14.63 decimals. One Chakra is the common ancestor who had two wives, Jana and Pana., Children of Pana had got separate properties in a civil suit earlier instituted for partition. Parties in the present suit are children of Jana through Chakra. Claim of the plaintiffs -respondents is that the lands having not been partitioned by metes and bonous, unequal shares are being enjoyed by the parties which they possess for convenience. It is further alleged in the plaint that the defendants -appellants are in enjoyment of share more than the plaintiffs and because of the aforesaid reason plaintiff No. 1 requested the defendants for partition. Since there was no response from the side of the defendants, suit was filed claiming half share in the entire property of Ac. 14.63 decimals.

(3.) TRIAL Court on consideration of the pleadings of the parties framed the following issues :