MADHUSUDAN JENA Vs. SMT. RAMAMANI BISWAL & OTHERS

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree passed by the learned Additional District Judge, Balasore in Title Appeal No. 5/44 of 2005/2000 confirming the judgment and decree passed by the learned Additional Civil Judge (Senior Division), Balasore in T.S. No. 198 of 1992. The appellant as the plaintiff had filed the suit for partition of the land described under schedule kha of the plaint and for allotment of his share. The suit having been dismissed, the present appellant had carried an appeal under section 96 of the Code of Civil Procedure. As the appellant has again been unsuccessful, the present second appeal has been filed under section 100 of the Code.

(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 arraigned in the trial court.

(3.) Plaintiff S case is that he is the only son and is the youngest of the children of the defendant nos. 1 and 2. His sisters are defendant nos. 3 to 7. It is stated that the suit land is the ancestral property in the hand of his father, the defendant no.1. So he had approached defendant no.1 for amicable partition and that having not been respond to, the suit has been filed.