JUDGMENT :

D. Dash, J.

1. The appellants who were originally defendant No. 16 and 17 later on rearranged as defendant No. 22 and 27 in the suit for partition bearing T.S. No. 17 of 1969. I have challenged the final decree passed therein. Background facts giving rise to the present appeal are stated hereunder:--

"The plaintiffs (Respondent No. 1 to 23) had filed the suit for partition against the present appellants and others claiming partition of the suit land describing Schedule- 'Ka' and 'Kha' of the plaint measuring an Ac. 39.34 and Ac. 71.61 respectively. By judgment dated 03.07.1971 the said suit was dismissed. So the plaintiffs being aggrieved carried the appeal before this Court which was numbered as First Appeal No. 137 of 1971. It came to be decided on 31.08.1979. This Court while setting aside the judgment and decree passed by the trial court in dismissing the suit, decreed the suit preliminary holding the plaintiffs entitlement to claim partition and shares therein both the Schedule- 'Ka' and 'Kha' land as was claimed allowing breathing time of three months to the parties to have an amicable partition or else to carry petition to the Court for the same. It is pertinent to s