I.A. No. 7533 of 2018

1. The instant interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 15 days in preferring the present appeal.

2. Having regard to the reasons stated in para-5 onwards of the instant interlocutory application, I.A. No. 7533 of 2018 stands allowed and disposed of. Delay of 15 days in preferring the appeal is hereby condoned.

Second Appeal No. 153 of 2016

3. Heard learned counsel for the appellant.

4. The appellant is defendant no. 2.

5. The Suit being Partition Suit No. 183 of 2006 had been instituted by the plaintiffs (respondent nos. 1 to 4 in the present appeal) for partition of the suit land, claiming 1/3 share.

6. The case, as set out by the plaintiffs in the plaint that the common ancestor Somra Munda was the holder of the property. Somra Munda had three sons namely Jhari Munda, Sukar Munda and Kundan Munda. Plaintiffs are descendant of Sukar Munda. Original defendant no. 3 is Kundan Munda. Two sons of Jhari Munda are original defendant nos. 1 and 2.

7. The claim had been resisted by the original defendant nos. 1 and 2, who are the son of Jhari Munda. They had disputed the status of the plaintiffs and