JUDGMENT :

1. Heard Mr. Alok Lal, learned counsel appearing for the appellants and Mr. Sudhir Kumar Sharma, learned counsel appearing for the respondents.

2. This First Appeal has been filed against the judgment and decree dated 26.03.2007 and 02.04.2007 respectively, passed by the learned Sub-Judge-I, Garhwa in Partition Suit No. 04 of 2001. The Suit was instituted for a preliminary decree for 1/16th Share of Schedule A, B, C and D of the suit land and it was also prayed by filing the said partition suit that 1/3rd share of suit land of Schedule A/1 be passed in favour of the plaintiff No.1 and 1/8th Share of Schedule A, B, C and D and 1/12th share of Schedule A/1 be passed in favour of each of the plaintiff Nos. 2 to 6 and suitable takhta be carved out by a survey knowing Commissioner including movable and immovable property be allotted to each plaintiffs. Accordingly, it was prayed before the learned court below that final decree be passed and the plaintiffs be delivered with respect to under the process of the Court. A separate share of plaintiffs in movable property of schedule ‘D’ may be carved out through said Advocate Commissioner and final decree may be prepared. It was unde