JUDGMENT :

Sanju Panda, J. - Since common questions are involved in both the Writ Petitions, they were heard together and are being disposed of by this common Judgment.

2. Both the Writ Petitions arise out of Title Suit No. 130 of 1980-I filed by present Opposite Parties 1 to 3 in the Court of Learned Civil Judge (Senior Division), Bhadrak for partition claiming 3/8th share. For better appreciation, the genealogy of both the parties is given below:

GENEALOGY

Sk. Manohar Ali

Sk. Asgar Ali

Jaheda ' Jabeda Bibi (wife) (D.3)

Sk. Akbar Ali (D.1) : Sk. Umar Ali (D.2): Fatema Bibi (Plff. 1) : Sayera Banu (Plff.2) : Ayesha Sultana (Plff.3)

From the above genealogy, it appears that Sk. Manohar Ali had one son, namely, Sk. Asgar Ali who died leaving behind his widow Jaheda ' Jabeda Bibi, Defendant No. 3- present Opposite Party No. 6 and two sons, namely, Sk.Akbar and Sk. Umar- Defendants 1 and 2 who are present Opposite Parties 4 and 5 in W.P.(C) No. 11179 of 2004 and three daughters who are the Plaintiffs. As per the Plaintiffs' case, the immovable properties described in Schedules 'Kha', 'Ga', 'Gha' and 'Cha' and the movable properties described in Schedule 'Una' belonged to Sk. Asgar Ali. Proper