JUDGMENT :

L. Rath, J. - These two revisions have been preferred respectively by mutually contesting Defendants, against an order of the Subordinate Judge, Sambalpur including certain properties in the final decree proceedings in T.S. No. 16 1985 while refusing to so include some other properties. The short facts leading to the revisions are then one Ratnakar Behera had obtained a decree in Money Suit No. 67 of 1952 against the sons of one Para me swat Sahu, namely, Trilochan, Jujhistir and Kishore and having put the decree into execution vide Execution Case No. 6/54 purchased the 1/4th undivided interest of Parameswar in some items of properties and took joint possession of the same along with others through Court on 12-11-1962. Subsequently, Title Suit (sic) 3/62 was filed by Dibakar Sahu, the original Defendant No. 5 in the present suit on the premises that there had been a previous partition in the family of late Niranjan Sahu who had four sons, Jogeswar, Parameswar, Khageswar and Baleswar in which Jogeswar had been given 1/4th share in the joint family property and the said 1/4th share of Jogeswar be partitioned amongst the parties to that suit. In the suit, excepting the branc