D. Dash, J.—This appeal has been filed against the judgment and decree passed by the learned Civil Judge, (Senior Division) Karanjia in T.A. No. 05 of 1985.

The respondent no.1 in this appeal as the plaintiff had filed the suit for partition of the properties described in schedule of the plaint situated at village Surabali. The suit i.e. T.S. No. 11 of 1982 was dismissed by the learned Munsif, Karanjia. So, the unsuccessful plaintiff carried an appeal under section 96 of the Code of Civil Procedure.

The lower appellate court dismissed the appeal refusing to interfere with the order of dismissal of the suit as passed by the trial court. So, the plaintiff approached this Court in Second Appeal No. 128 of 1986. It was disposed of on 07.01.1997. The matter was remanded to the lower appellate court for fresh disposal in accordance with law with certain observations which would be placed later.

The lower appellate court now after remand as aforesaid has allowed the appeal in decreeing the suit. Therefore this time, the unsuccessful defendants are before this Court in the second appeal as provided under section 100 of the Code. The original plaintiff having died, her legal represe