JUDGMENT :

Biswanath Rath, J.

This Appeal involves a challenge to the judgment and decree dated 7.10.2009 and 14.10.2009 respectively passed in R.F.A. No.3/2010 of 2008-04 thereby dismissing the Appeal of the plaintiff and confirming the judgment and decree dated 9.12.2003 and 28.12.2003 respectively passed in T.S. No.427/1994, a suit for partition. Plaintiff is the appellant in this Second Appeal and the defendants are the respondents herein against a confirming judgment.

2. Facts involving the case, as revealed from the submission and the materials available on record, are that the appellant-plaintiff filed T.S. No.427/1994-I claiming to pass a decree in favour of the plaintiff for partition of Schedule-A land by declaring the right, title, interest and possession of the plaintiff to the extent of Ac.0.04 decs. and further after the preliminary decree is passed to make the same final by deputing a Survey Knowing Commissioner from his Court and to allot Ac.0.04 decs. of land to the plaintiff out the Schedule-A land under a separate allotment sheet by giving due delivery of possession to the plaintiff in accordance with law. The appellant-plaintiff also prayed for decree for cost of t