JUDGMENT

Subhasis Dasgupta, J. - This appeal arises from the judgment and preliminary decree dated 16th July, 2018, in an application (GA 4050 of 2017) under Order XII Rule 6 of the Code of Civil Procedure, declaring the shares of the heirs of late Prabhat Kumar Mahapatra, in respect of the immovable properties, shown in the schedule appended to the amended plaint, and further appointing a learned advocate Commissioner to effect partition to the extent of shares declared in the preliminary decree.

2. A suit for partition and administration of properties, left by the late Prabhat Kumar Mahapatra came to be instituted in the year 2009.

3. The appellant company/defendant No. 6 along with the defendant No. 1 filed a written statement jointly in such suit. Besides filing the written statement, the appellant filed an affidavit to challenge the application under Order XII Rule 6 C.P.C. was filed.

4. By reason of the amendment of the plaint, the first respondent/plaintiff restricted his claim to the three (3) immovable properties, left by his father, late Prabhat Kumar Mahapatra, which is more fully described in the schedule "M" of the plaint.

5. The learned trial court by its impugned judg