Judgement

ORDER :- This revision is directed against the order dated 29-7-1980 by the Subordinate Judge, Bargarh in Title Suit No. 91/70 holding that the suit abates in part under S.4 (4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the Act ).

Before coming to the facts relevant for the purpose of the case it will be helpful to give the genealogy showing relationship between the parties: The petitioner along with opposite parties 4, 5 and 6 filed the suit praying for the following reliefs :-

(a) Partition of the suit properties by metes and bounds and allotment of the due share to the plaintiffs and defendants;

(b) Adjustment of equity so far the profits accrued, accruing or shall accrue from the suit properties after account is taken;

(c) Costs of suit and future interest; and (d) Any other relief as per law, equity and good conscience;

The gist of the case of the plaintiffs was that Late Dhanpati Dash as the father and Karta of his family effected a partition of his joint family properties amongst the different co-sharers and coparceners by a registered deed of partition on 26-6-1954 retaining a share for himself