JATA MAJHI Vs. PUDI

JUDGEMENT

(1.) THIS Misc. Appeal is in challenge of the judgment dated 29.9.2003 passed by the learned Additional District Judge (First Track Court), Baripada in T.A. No. 26/30 of 2003 -2000 setting aside the ex parte preliminary decree dated 14.10.1998 passed by the learned Civil Judge (Senior Division), Baripada in T.S. No. 82/96 remanding the suit to the trial court for disposal afresh in accordance with law only after impleading the appellant in the I.A., namely, Pudi @ Ladai Majhi as a defendant in the suit.

(2.) THE aforestated suit for partition is filed by the present appellants claiming 1/3rd share in the suit property. It is claimed that the suit property originally belonged to Ruhida Majhi who died leaving behind four sons, namely, Kuldha, Tebe, Lawa and Churia. Kuldha died leaving behind no heir; plaintiff No. 1 and Defendant No. 1 belong to the branch of Tebe; Plaintiff Nos. 2 to 4 belong to the branch of Lawa, and Defendant Nos. 2, 3 and 4 belong to the branch of Churia.

(3.) SAID Pudi @ Ladai, arrayed as Respondent No. 1 in this appeal, having died during pendency of the appeal, her name has been deleted from the cause title, on the application of the appellants that she has died leaving behind no legal heir. Rest of the Respondents support the stand taken by the appellants. The grounds taken in the appeal memo have been reiterated while arguing the appellants' case challenging the impugned order. However, this Court finds the impugned order to be sustainable for the reasons stated hereunder.