NILAMADHABA DEO AND ANR. Vs. JANAKA KUMARI DEVI

JUDGEMENT

(1.) Challenge has been made in this appeal to the order dated 27.11.1999 passed by the learned Civil Judge (Senior Division), Bhubaneswar in T.S. No. 361 of 1994 -1 decreeing the suit on contest against the Defendants and directing for partition of Schedule 'B' suit land within one month failing which the Plaintiff would be at liberty to partition the same by making the decree final through court.

(2.) The -brief facts of the case are as follows:

(3.) The Defendants filed their written -statement denying the averments made by the Plaintiff in the suit stating therein that Harekrushna Harichandan Mohapatra having executed a Will in favour of Defendant No. 1, the Plaintiff lost all her interest in the suit property and in view of existence of the said Will, the suit for partition would not be maintainable. Secondly, it was pleaded that the property under Khata No. 202 having been sold by mother Lavanya Kumari Devi, though her power of attorney holder who is non -else than the father of Defendant No. 1 himself, the suit property was not available for partition.