DAMODAR MOHANTY Vs. BHIMSEN MOHANTY

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Puri in R.F.A. No. 36 of 2003 confirming the judgment and decree passed by the learned Additional Civil Judge (Sr. Division), Puri in Title Suit No. 354 of 1999.

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

(3.) The case of the plaintiff is that the suit property was the self-acquired property of the father of the parties namely, Aparti Mohanty and accordingly, it stood in the name of the parties under Sthitiban status in the record of right published in the year 1988. It is further stated that the parties had effected an amicable settlement with regard to possession of some portion of the said suit property which is homestead land by each of them. But there was no partition in metes and bounds in between them. So, on 09.09.1999, when the plaintiff demanded his half share over the suit property to be carved out, flat denial came as the response from the side of the defendant. Thus, finding no other option, the plaintiff filed the suit for passing a preliminary decree declaring his half share over the same and for partition in metes and bounds.