JARAMANI BEWA Vs. LAXMIMANI BEWA AND ORS.

JUDGEMENT

(1.) THE original Plaintiff is the Appellant. She had filed Title Suit No. 31 of 1980 in the Court of the Sub -ordinate Judge, Baripada, for partition in respect of 'B', 'C' and 'D' schedule properties. The suit was decreed preliminarily in part in respect of the said properties except the vacant site under Lot No. II of Schedule 'D' The appeal has been filed against the refusal of the trial Court to direct partition in respect of the vacant site of Lot No. II. The Respondents have not filed any appeal or cross -objection and as such the preliminary decree relating to other disputed properties except the vacant site of Lot No. II of Schedule 'D' has become final. During the pendency of the appeal the Plaintiff -Appellant having expired, the Defendant No. 1 Respondent No. 1, has been transposed as the Appellant as per the order dated 23.10.1989.

(2.) THE admitted genealogy is as follows:

(3.) DEFENDANT Nos. 1 and 2 in their joint written statement admitted the factum of partition among the three branches. According to them a portion of Baripada land and house had been mutated in the name of Defendant No. 1 and the remaining portion had been left by Plaintiff and Defendant No. 2. It was further stated that Defendant Nos. 4 and 6 in collusion with Defendant No. 7 were trying to grab the vacant site at Baripada over which they had no right. The Defendants indicated their willingness for partition in the suit properties including Lot No. II of Schedule 'D'