Navaniti Prasad Singh, J.

1. The five appellants being three brothers and two nieces (daughters of pre deceased brother) filed a Partition Suit. Defendants were their parents as defendants 1 and 2 and their other brother defendant No. 3 and his son defendant No. 4. It was prayed that in respect of properties, as mentioned in the plaint and claimed to be joint family property, their shares be declared and properties be partitioned by metes and bounds. On 30.06.1975, a preliminary decree in the said Partition Suit was passed whereby each was awarded 1/7th share in the joint family properties. A genealogy is given hereunder:

Mangroo Nahto Bulki Devi

(Defendant 1) (Defendant 2)

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Munni Lal Sita Sharan Paras Nath Jagdish Mahto Chandeshwar

Mahto Prasad Prasad Mahto

(Pet 1) (Pet 2) (Pet 3) (dead) (O P 1)

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