DAMODAR BARIK Vs. MALATI BARIK

JUDGEMENT

(1.) This appeal has been preferred by the plaintiffs challenging the judgment and decree passed by learned District Judge, Bhadrak on 9/7/2014 and 15/7/2014 respectively in T.A. No.48 of 2001, whereby the judgment and decree passed by Civil Judge (Sr. Division), Bhadrak on 28/2/2001 and 17/3/2001 respectively in T.S. No. 135 of 1989-I was reversed.

(2.) For convenience, the parties are referred to as per their respective status in the trial Court.

(3.) Before delving into the facts of the case it would be apposite to refer to the genealogy of the parties as the suit is one for partition of ancestral properties. <IMG>JUDGEMENT_100_LAWS(ORI)6_2023_1.jpg</IMG> The suit was originally filed by one Baishnab Barik as plaintiff No.1 and Damodar Barik as plaintiff No.2. Said Baishnab Barik having expired, was substituted by his surviving daughter Basanti Barik.