SMT CHHINE SAHOO Vs. KALDAR SAHOO

JUDGEMENT

(1.) This petition challenges the order dated 10.03.2015 passed by the learned Civil Judge (Sr. Divn.), Bolangir in F.D.T.S. No. 64 of 2007, whereby learned trial court rejected the application of the defendant nos. 5 and 7 to modify the preliminary decree and adjust their share in favour of their brothers, defendant nos. 1 to 4.

(2.) Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that opposite party no. 1 as plaintiff instituted the suit for partition. The petitioner was defendant no. 5 in the suit. The suit was decreed. Thereafter the final decree proceeding was initiated. During pendency of the final decree proceeding, the defendant nos. 5 and 7 filed an application to relinquish their interest and allot the same in favour of defendant nos. 1 to 4 and modify the decree accordingly. Learned trial court came to hold that the preliminary decree was passed in the absence of defendant nos. 5 and 7. They have no locus standi to file application. Further the ground taken by them to modify the decree is not sufficient. Held so, learned trial court rejected the petition.

(3.) Heard Mr. Prafulla Kumar Rath, learned counsel for the petitioner. None appeared for the opposite parties.