JUDGMENT :

K.P. Mohapatra, J. - Title Suit No 65 of 1971 was instituted by Respondent No. 5 against the Appellants, Respondents 1 and 2 and their husbands, Respondent No. 3 and some others for issue of permanent? injunction. Title Suit No. 66 of 1971 was also instituted by Respondent No. 5 against Respondents I, 2, their husbands and Respondent No. 3 for recovery of possession of immovable property. Title Suit No. 8 of 1972 was instituted by Respondents 1 and 2 against the Appellants and other Respondents for partition of schedule ?Ka? property which is also involved in the two other suits. The suits came up for hearing before the learned Subordinate Judge, Aska analogously and while he dismissed the previous two suits, he passed a preliminary decree for partition in that later suit defining the shares of Respondents 1 to 5 and further directing the lands alienated in favour of 3rd. party purchasers, Respondents 6 to 9 should be apportioned to the shares of the vendors. While passing the decree, two deeds of gift in respect of two different parcels out of the suit land in favour of the Appellants executed by Respondents 3 and 5 were set aside. The present appeal was preferred by the