JUDGMENT

The unsuccessful defendant has filed this appeal challenging the judgment and decree passed by learned Civil Judge, (Sr. Division), Jagatsinghpur in C.S. No.189 of 2005.

The respondent as the plaintiff had filed the suit for partition of the properties described in the schedule of the plaint seeking allotment of half share over the same in her favour and the rest half in favour of appellant; arraigned as defendant.

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. The plaintiff’s case is that the parties are Hindus and governed by Mitakshara School of Hindu Law. One Bulei Nayak and Nidhi Nayak are two brothers. Late Gunduchi Nayak is the son of Bulei whereas DhrubaNayak is the son of Nidhi Nayak. The plaintiff claims to be the daughter of Dhruba Nayak and his wife Maguni Dei. It is submitted that the defendant, Abhaya Nayak is the son of Guinduchi. So, one branch is said to be represented by the defendant, whereas the other branch is represented by the plaintiff. It is further stated that the plaintiff succeeded to the interest of her late father