JUDGMENT :

Partha Sarathi Chatterjee, J.

1. The present appeal has been preferred to assail the judgment and decree passed in preliminary form on 23.12.2020 in a suit for partition vide. T.S. no. 116 of 2014 declaring the plaintiff no. 1 and plaintiff no.2 to be 2 entitled to the share to the extent of 10-5/8 dec. and 22-3/8 dec. respectively, defendant nos. 4(Ka), 4 (Kha) & 5 to be entitled to the share to the extent of 1/3rd jointly and whereas the defendant no. 13 to 19 to be entitled to 1/3rd share of ‘Ka’ schedule property and also holding that defendant no. 21 is not the daughter of the Prasanna Patra and is not entitled to any share in ‘Ka’ schedule property.

2. One Sukumar Patra S/o Achintya Patra and one Ajoy Patra S/o Nabin Patra filed one suit for partition. Facts depicted in the plaint, in brief, are as follows:

i) Raghunath, Dinanath and Srinath Patra each had 1/3rd share in ‘Ka’ schedule property (hereinafter referred to as the suit property) and their names were duly mutated in R-O-R in 1954-1957 and Raghunath died leaving behind six sons, namely, Nabin, since deceased, who was arrayed as defendant no. 20, Surendra, Prafulla, Bhim, Prasanna and Dhirendra who inherited 1/