JUDGMENT

S. PANDA, J. — In this writ application under Article 227 of the Constitution of India, challenge has been made to the order dated 31st January, 1995 passed by the learned District Judge, Cuttack in C.R. No.120 of 1994 confirming the order dated 16th August, 1994 passed by the learned 1st Addl. Civil Judge (Senior Division), Cuttack in Title Suit No.155 of 1981.

2. The brief facts of the case are as follows :

Present opposite parties 1 and 2 are two sons of one Narana. Opposite parties 3, 4 and 5 are sons and opposite party No.6 is the daughter of Baraju. Opposite party No.7 is the daughter of Kusa. Narana, Baraju and Kusa are sons of Dhadi. The disputed land under the Hal Khata No.401 containing as many as 12 plots is admittedly the ancestral property of Laxman. Plot No.1435 cover¬ing an area of Ac.0.18 decs. stands recorded as ‘Ghara’. The nature of the land under plot No.1434 covering an area of Ac.0.03 decs. stands recorded as ‘Bari’ and in respect of land covering an area of Ac.0.31 decs. under plot No.1463 there is no note about its user in the settlement records. Opposite parties 1 and 2 in the year 1981 filed Title Suit No.155 of 1981 for partition against opposite