JUDGMENT :

In this appeal, the appellants have called in question the judgment and decree passed by the learned 2nd Addl. District Judge, Cuttack in Title Appeal No. 20 1989 confirming the judgment and decree passed by the learned Subordinate Judge, Cuttack (as it was then) Title Suit No. 193/300 of 1983/87.

The appellant as the plaintiff had filed the suit for partition of the suit schedule properties per share noting in the C.S. record of right specifically claiming under section 4 of the Partition Act the relief as regards the properties purchased by the respondent no. 3 (defendant no. 4) by Kabala (sale deeds) dated 06.03.1962 and 24.07.1965 with the declaration that the sale-deed dated 04.05.1968 executed in favour of the respondent no. 1 (defendant no. 1) and consequently the sale-deed dated 27.05.1980 executed by said respondent no. 1 (defendant no. 1) in favour of respondent no. 2(defendant no. 3) as inoperative. The appellants (plaintiffs) had also prayed for relief of permanent injunction against respondent no. 2 (defendant no. 3).

The suit having been dismissed, they