JUDGMENT :

D. Dash, J.

1. The appeal under section 100 of the Code of Civil Procedure has been filed in assailing the judgment and decree passed by the learned 2nd Additional District Judge, Khurda in R.F.A. No. 58 of 2015 confirming the judgment and decree passed by the learned Senior Civil Judge, Khurda in C.S. No. 18 of 2011.

The appellant as the unsuccessful plaintiff had carried the first appeal under section 96 of the Code and that having been dismissed; he is now before this Court with this appeal.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial court.

3. The suit is one for partition of the properties described in Schedule-A and B of the plaint for declaration that the record of right in respect of land under sabik khata No. 47, plot No. 58 admeasuring Ac. 0.060 decimals corresponding to hal khata No. 02, plot No. 74 of an area of Ac. 0.042 decimals of mouza Khalipatna, is erroneous and hot binding upon the plaintiff.

4. One Ananda Sahoo is the common ancestor of the parties. He had three sons namely, Rama, Laxman and Satrughana. Out of them, Satrughana is the