(1.) HEARD learned counsels representing the parties.
(2.) THIS appeal has been preferred against the order dated 21 st September, 2004 passed in Partition Suit No. 269 of 2003 by 1 st Subordinate Judge, Sitamarhi refusing the prayer made on behalf of the plaintiffs-appellants under Order 39 Rule 1 & 2 of the Civil Procedure Code.
(3.) IT is also evident that one interlocutory application, bearing no. 680 of 2008 seeking expungement of name of respondent no. 3 exempting the plaintiffs-appellants to substitute her heirs is also pending disposal at the time of hearing itself.