JUDGMENT

1. The Appellants by filing this Appeal under section 100 of the Code of Civil Procedure (for short 'the Code') have assailed the judgment and decree passed by the learned Adhoc Additional District Judge, Gunupur in R.F.A. No.8 of 2006. By the said judgment and decree, the lower Appellate Court has confirmed the judgment and decree passed by the learned Civil Judge (Sr. Division), Gunupur in Title Suit No.17 of 1983. The Courts below have decreed the Suit for partition by passing a preliminary decree.

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.

It is pertinent to state here that the Suit for partition had originally been filed by one Sisti Suryamani (Original Plaintiff No.1) with her two daughters, namely, Sashi Sunkari (Original Plaintiff No.2) and Sabitri Pradhan (Plaintiff No.3). The Original Plaintiff No.1, Sisti Suryamani having died during the pendency of the Suit, Shyama Sundar Sunkari claiming as the legatee to the share of Sisti Suryamani under a Will executed by her in his favour has been substituted in her place. This Shyam Sundar has