PRABHAKAR PANIGRAHY Vs. SUBASH CHANDRA PANIGRAHY

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned 2nd Addl. District Judge, Berahampur in RFA No. 40 of 2014 confirming the order of final decree dated 23.06.2014 passed by the learned Civil Judge (Sr. Divn.), Berhampur in C.S. No. 58 of 2009. The appellant being the defendant No. 1 in C.S. No. 58 of 2009 had challenged the final decree passed in the said suit by carrying the above appeal which has come to be heard and disposed of by the learned 2nd Addl. District Judge, Berhampur. The appeal having been dismissed and final decree passed by the trial court having been confirmed, now in the appeal before this Court, the said final decree in C.S. No. 58 of 2009 is further challenged.

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

(3.) The respondent nos. 1 to 6 as the plaintiffs filed C.S. No. 58/2009 in the court of Civil Judge (Sr. Divn.), Behrampur against defendant No. 1 and two others. In the said suit, the defendant No. 1 alone contested and finally after hearing the suit for partition of the property described in the schedule of the plaint was preliminary decreed. Prayer for making the preliminary decree being made, Civil Court Commissioner was deputed to make the division in accordance with preliminary decree. Report having been submitted, the defendant No. 1 filed the objection. However, by order dated 5.12.2003, said objection was overruled and the report of the Commissioner was accepted. Thereafter date was fixed for furnishing the non-judicial stamp papers which is obviously for engrossment of the final decree upon the same. On 23.6.2014, formal order for drawal of the final decree was made quoting the preliminary decree and the part of the report of the Survey Knowing Commissioner. On that occasion there has been no adjudication in respect of anything concerning the subject matter or touching the rights and liability of the parties in any manner and that order dated 23.6.2014 was challenged in appeal.