JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Ayush Aditya, learned counsel for the appellants and Mrs. Manjushri Patra, learned counsel for the respondents.

2. This second appeal has been filed being aggrieved and dissatisfied with judgment and decree dated 19. 04.2006 (decree signed on 29.04.2006) passed by the learned District Judge, Latehar in Partition Appeal No. 16 of 2003 affirming the judgment and decree dated 30.09.1997 (decree signed on 10.11.1997) passed by the learned Sub Judge, Latehar in Partition Suit no. 4 of 1992.

3. The appellants/plaintiffs have instituted Partition Suit No. 4 of 1992 for getting a decree of partition in respect of the suit land particularly described in Schedule ‘A’ situated in Mauja Jilanga and village Mansingha for 1/4th interest in favour of himself and 1/4th share in favour of plaintiff no. 4 Jitu Mahto by carving out a separate Takhta in their favour. The said suit on contest was decided by the learned Sub Judge-I vide judgment dated 30.09.1997 in which he has been pleased to dismiss the suit thereafter the appellants/plaintiffs filed Partition Appeal No. 16 of 2003 and by judgment dated 19.04.2006 the learned appellate court dismissed the s