JUDGMENT :

The appellant in this appeal calls in question the judgment and decree passed by the learned District Judge, Keonjhar in R.F.A. No. 27 of 2004 filed by the respondents being the unsuccessful plaintiffs in the trial court.

The respondents as the plaintiffs had filed the suit for partition of the land described in the schedule of the plaint in the Court of learned Civil Judge (Sr. Division), Keonjhar. That having been dismissed, they had carried the appeal. The lower appellate court has allowed the appeal which has resulted in decreeing the suit preliminarily declaring share of the parties over the suit schedule property. Now, therefore, the defendant no. 1 being aggrieved by the same has filed this appeal under section 100 of the Code of Civil Procedure.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

3. Plaintiff’s case is that one Halu Patra is the common ancestor of the parties. He died leaving behind two sons namely, Puria and Pitei. Defendant no. 1 and 2 are the son and daughter of Puria respectively. Pitei had two sons namely, Narayan and Jadu.