BAIDYANATH SATHUA Vs. SOMANATH SATHUA

JUDGEMENT

(1.) In this appeal the defendants of Title Suit No. 13 of 1982 of the Court of the Learned Subordinate Judge, Nayagarh (as it was then) have filed are challenging the final decree passed in the said suit after an order upon acceptance of the report of the Civil Court Commissioner and making the preliminary decree final.

(2.) For the sake of convenience, clarity and to avoid confusion, the parties hereinafter have been referred to as they have been arrayed in the court below.

(3.) Facts necessary for disposal of this appeal are as under. Respondent no.1 as plaintiff filed a suit for partition of the properties belonging to the joint family. The extent of land which is the subject matter of the suit is Ac.6.59 dec. situated in three different Mouza described in the schedule 'A' and 'B' of the plaint. The movables described in the schedule 'C' of the plaint are also the subject matter of the suit. The admitted inter se relationship between the parties is that one Parikhita Sathua had two wives, namely, Kaincha and Hara. The plaintiff and defendant no.7 are the son and daughter of Parikhita through Hara whereas defendant nos.1 to 5 are the children of Parikhita born through wife Kaincha and defendant no.8 is the daughter of defendant no.1. In the said suit ultimately preliminary decree for partition was passed on 16.09.1986. Thereafter the said preliminary decree has been made final upon acceptance of the report of the survey knowing commissioner, when he was found to have completed the job as ordained by the preliminary decree in allotting immovable properties to different parties in conformity with that. The same is now challenged in this appeal on the grounds as indicated in the memorandum of appeal. The important of those being culled out are the followings:-