JUDGMENT

The appellants in this appeal have assailed the judgment and decree passed by the learned Subordinate Judge, Nayagarh (as it was then) in T.S. No.107 of 1988, decreeing the suit in part in passing a preliminary decree for partition entitling the appellant to half share in respect of the properties described in ‘Schedule-A’ of the plaint and refusing to grant any relief of partition in respect of ‘Schedule-B’ and “Schedule-C” properties.

For the sake of convenience to avoid confusion and for proper appreciation, the parties hereinafter are being referred to as they have been arrayed in the original suit.

It is pertinent to state that one Matiani Sahoo was the original plaintiff and on account of her death during the pendency of the suit, her legal representatives having been substituted prosecuted the suit and are now on appeal being aggrieved by that part of the preliminary decree as stated above.

2.The case of the plaintiffs is that one Mahadev had two sons namely; Bauri and Nityananda and the parties being Hindus are governed by Mitakhara School of Hindu Law. These two brothers had formed the joint family. It is stated that the they during their life time had separated from