JUDGMENT :

K.R. Mohapatra, J. - This appeal has been filed assailing the judgment and decree dated 24.01.2000 and 11.02.2000 respectively passed by the learned 1st Additional Civil Judge (Senior Division), Cuttack in T.S. No.15 of 1979. During pendency of the suit, the original plaintiff, namely, Rama Chandra Prusty died and his legal heirs (the appellants herein) were brought on record who prosecuted the suit.

2. The suit was filed for a decree for partition of schedule 'B', 'D' and 'E' properties of the plaint as per the compromise petition filed by the plaintiff, defendant Nos. 2, 3, 4, 11, 13, 14 and 15 and also for a decree holding that the entire 'C' schedule property is the exclusive property of the plaintiff. The plaintiff further prayed that in case 'C' Schedule property is held to be joint family property of Rama Chandra Prusty (the original plaintiff) and his deceased father (defendant No.1), namely, Bidyadhar Prusty and the same being homestead property, the plaintiffs have got a right to repurchase the same under Section 4 of the Partition Act through the process of Court.

3. One Krushna Prusty was the common ancestor, who died leaving behind three sons, namely, Kartika,