PRABHU CHARAN DAS Vs. BISHNU CHARAN DAS

JUDGEMENT

(1.) The Order -Dated 8.8.2008 passed by the Learned Civil Judge (Senior Division), Jagatsihghpur in C. M.A. No. 37 of 2008 arising out of C.S. No. 115 of 2007 is assailed in this Writ Petition. The present Petitioner is Defendant No. 1 in C.S. No. 115 of 2007. To appreciate the inter se pleadings, some of the facts of the case would be necessary to be stated.

(2.) ADMITTEDLY , Late Laxmidhar Das was the original owner in respect of the suit schedule properties and some other properties. Laxmidhar had two sons, being Radheshyam Das and Baidyanath Das. Radheshyam had two sons, namely, Nrusingh Ch. Das and Swadhin Ku. Das. Bishnu, Manoranjan and Prabhu, are the sons of Baidyanath. For the sake of better understanding, the genealogy of the family is given hereinbelow: Late Laxmidhar DasLate Radheshyam Das Baidyanath Das (O.P.3)= Basanta Monjari Das(wife) | | || Bishnu(O.P.1)Prabhu Manoranjan(O.P.2)Nrusingha Ch. Das Swadhin Ku. Das

(3.) ACCORDING to Mr. Kar, Learned Counsel for the Petitioner, the question as to whether the sale deed executed by Radheshyam in favour of the Petitioner as well as the Plaintiffs of C.S. No. 115 of 2007 is held to be valid, no preliminary decree for partition can be passed.