(1.) In this appeal the appellant having been aggrieved by the judgment and decree passed by the learned Civil Judge (Sr. Division), Kamakhyanagar in C.S. No. 50 of 2007 as confirmed by the learned District Judge, Dhenkanal in R.F.A. No. 40 of 2009 calls in question all the concurrent findings as also the ultimate result in preliminarily decreeing the suit filed by the respondent no. 1 as the plaintiff allotting 1/6th share to her over the suit property and for partition accordingly.
(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 trial court.
(3.) Plaintiffs case is that the suit land originally belonged to her father, Bhagat Nayak who died in the year 1990 and on his death; the same was succeeded by his widow, the defendant no. 2; son, the defendant no. 1 and four daughters including herself (plaintiff) and defendant no. 3 to 5.