JUDGMENT

Dr. S. Muralidhar, CJ.—This appeal, by the legal representatives (LRs) of the unsuccessful Plaintiff in Civil Suit O.S. No.50 of 1974-I (Late Dayanidhi Ghose) is directed against a judgement dated 23rd June 1998 passed by the learned Single Judge of this Court dismissing the Plaintiff’s appeal F.A. No.41 of 1979.

2. The said F.A. No.41 of 1979 was in turn filed by Dayanidhi Ghose against the judgment dated 30th October, 1978 and a Decree dated 9th November, 1978 passed by the trial Court, i.e., the Subordinate Judge, Balasore in Civil Suit O.S. No.50 of 1974-I. The trial Court negatived the challenge by the Plaintiff to the validity of a partition deed dated 27th March 1962 (Ext. N) and the consequential division of the properties thereunder between the Plaintiff Dayanidhi Ghose and his brother Baina Ghose (Defendant No.1). The trial Court however accepted the plea of the Plaintiff that the properties mentioned in Schedule ‘Ga’ to the partition deed (Ext. N) were kept joint and were to be partitioned in equal shares between the Plaintiff Dayanidhi Ghose and his brother Baina Ghose (Defendant No.1). F.A. No. 41 of 1979 filed in this Court by Dayanidhi Ghose against the tria