(Letter Patent Appeal filed under Clause 15 of the Letters Patent against the judgment and decree of the learned single Judge in A.S.No.916 of 1985 dated 20.7.1999, allowing the appeal in so far as Item Nos.9 and 17 and dismissing the suit in respect of those items.)

P.K.Misra, J.

The present appeal under Clause 15 of the Letters Patent was filed by the plaintiff. During pendency of the appeal, on his death, the legal representatives have been impleaded as appellants 2 to 8. The appeal is confined to items 9 and 17 of the suit schedule.

2. The suit was filed for partition claiming 1/5th share in the suit schedule properties. The trial court had decreed the suit in part in respect of items 1, 2, 3, 6 to 18, 20, 22 to 24 and 28 and rejected the claim for partition in respect of items 4, 5, 19, 21, 25 to 27, 29, 30, 31 and 32 of the suit schedule properties. The plaintiff was arrayed as the first respondent and defendants 4 and 5 were arrayed as respondents 2 and 3 in the first appeal. Even though the appeal was filed in respect of the decreed items of property, as apparent from the judgment of the learned single Judge, at the time of final hearing, the appellants before the