JUDGMENT

D.Dash, J. - The Appellants, by filing this Appeal, under section 100 of the Code of Civil Procedure (for short, the Code) seeks to assail the judgment and decree dated 24.12.2004 and 11.01.2005 respectively passed by the learned Additional District Judge, Kendrapara in RFA No.27 of 2000.

By the same, the judgment and decree dated 31.7.200 and 5.8.2000 respectively passed by the learned Civil Judge (Junior Division), Kendrapara in T.S. No. 10 of 1977 have been confirmed.

Nirakar Das, Bramhananda Das and Kalpataru Das have filed the suit as the Plaintiffs. The suit is for partition, demarcation of their share and delivery separate possession of portion of the property which is the suit property to them. Gourhari Das and Bansidhar Das are the defendants. The suit having been disposed of; the Defendants being aggrieved thereby had carried an Appeal under section 96 of the Code. The Appeal has also been dismissed. Therefore, those unsuccessful Defendants before the courts below, as the Appellants have filed this Second Appeal. During pendency of the Appeal, the Appellant Nos. 1 and 2 being dead, their legal representatives have come to be substituted and are now pursuing the Appe