JUDGMENT :

1. Heard Mr. Prashant Pallav assisted by Ms. Monalisa Singh, learned counsel appearing for the appellants and Mr. Shankar Lal Agarwal, learned counsel appearing for respondent no.1.

2. The appellants have preferred this First Appeal against the judgment and decree dated 31.05.2008 and 05.06.2008 respectively passed by the learned Subordinate Judge No. I, Deoghar in Title (Partition) Suit No. 109 of 2006.

3. The appellants/plaintiffs have instituted Title (Partition) Suit No. 109 of 2006 for a decree of partition to the extent of 1/2 share in favour of the appellants/plaintiffs in property described in Schedule-I and IIA of the plaint and also for a decree of partition in favour of appellant no.2/plaintiff no.2 to the extent of 1/2 share in the property described in Schedule-1A and 2 of the plaint. It has been further prayed for granting permanent injunction against the respondents/defendants restraining them to collect the rent in respect of various shops situated at property described in Schedule-I of the plaint. The appellants/plaintiffs have also prayed for the cost of the suit and any other relief or reliefs to which they would be deemed entitled.

4. Vide judgment dated