SULOCHANA SAHOO Vs. RAGHUNATH SAHOO

JUDGEMENT

(1.) Heard Mr. B. Tripathy, learned Advocate for the Petitioner and Ms. S. Mohanty, learned Advocate for Opposite Parties 1 & 2.

(2.) Present C.M.P. is directed against the order dtd. 21/11/2024 of the learned trial court which was confirmed vide order dtd. 6/3/2025 of the first appellate court in F.A.O. No.174 of 2024.

(3.) Present Petitioner is the Plaintiff, who filed C.S. No.872 of 2021 praying for partition, declaration, permanent injunction and other consequential reliefs. The case of the Plaintiff is that, the suit schedule land belonging to their common ancestor, Jogi Sahoo, which was not partitioned except the amicable partition took place in the year 1965 between the sons of Jogi Sahoo. Late Jogi Sahoo had three sons, namely, Gangadhar Sahoo, Chakradhar Sahoo, Damodar Sahoo and the present Plaintiff claims to be the daughter of Gangadhar Sahoo. However, the Defendants after their appearance filed the written statement disclosing about earlier suit filed by Damodar and others in O.S. No.18 of 1971(I), wherein preliminary decree was passed on 12/1/1977 on contest. It is admitted by all the parties that said preliminary decree dtd. 12/1/1977 passed in O.S. No.18 of 1971(I) has not yet been made final and no such final decree proceeding has been initiated by any of the parties till date.