IN THE HIGH COURT OF ORISSA AT CUTTACK

S.A. No.134 of 1992

(In the matter of an appeal under Section 100 of the Code of Civil Procedure, 1908)

Suratha Bala Das (dead) and Appellants

another ....

-versus-

Narendra Kumar Das and others .... Respondents

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Appellants - Mr. A. K. Mohanty,

Advocate.

For Respondents - Mr. S.K. Sahoo,

Advocate.

[for respondent Nos.11(a) to

11(f)]

Mr. B. K. Padhi,

Advocate.

On behalf of

Mr. P. Kar,

Advocate. CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :24.11.2025 :: Date of Judgment :23.12.2025

A.C. Behera, J. This 2^nd appeal has been preferred against the

confirming judgment.

2. The appellants in this 2^nd appeal are the successors of the defendant No.1 in the suit vide O.S. No.23 of 1983-I and they were the appellants before the 1^st Appellate Court in the 1^st Appeal vide S.J. Appeal No.40 of

1986-I.

The respondent Nos.1 to 5 in this 2^nd appeal were the plaintiff Nos.1 to 3, 5 & 6 along with their widow mother Pata Dei as plaintiff No.4 before the Trial Court in the suit vide O.S. No.23 of 1983-I.

The respondent Nos.7 to 10 are the successors of the defendant No.2 before the Trial Court in the suit vide O.S. No.23 of 1983-I and they were respondent Nos.7(b) to 7(e) in the 1^st appeal vide S.J. Appeal No.40 of 1986-I.

The respondent No.6 in this 2^nd appeal was not made party in the suit vide O.S. No.23 of 1983-I, but, he was the respondent No.7(a)

before the 1^st Appellate Court in S.J. Appeal No.40 of 1986-I.

The respondent No.11 in this 2^nd appeal was the defendant No.3 before the Trial Court in the suit vide O.S. No.23 of 1983-I and appellant No.8 before the 1^st Appellate Court in the 1^st Appeal vide S.J. Appeal No.40 of 1986-I.

3. The suit of the plaintiffs (respondent Nos.1 to 6 in this 2^nd appeal)

before the Trial Court vide O.S. No.23 of 1983-I was a suit for partition.

4. The plaintiffs have depicted their genealogy in Schedule ‘Ka’ of their plaint. The said depicted family pedigree of the plaintiffs and defendants is as follows:-

Genealogy Chaturbhuja Rahasbihari Baidyanath Kunja Purusottam Mahendra Sachindra (d.1) Gurubari (wife)

=Pata Dei (P.4)

Gajendra Lata (d.3) (adopted son of Narayan Das)

Dasantamanjari(P.5) Kamala(P.6) Narendra(P.1) Upendra(P.2)Surendra(P.3)

5. As per the aforesaid genealogy, Chaturbhuja was their common ancestor. Chaturbhuja died leaving behind is four sons i.e. Rahasbihari, Baidyanath, Kunja and Purusottam. Out of four sons of Chaturbhuja, the branch of his last son i.e. the branch of Purusottam has extinct, because he and his wife died issueless. Due to extinct of the branch of Purusottam, his interest in the joint and undivided suit properties devolved upon his three brothers i.e. Rahasbihari, Baidyanath and Kunja equally.

Rahasbihari died leaving behind his one son i.e. Mahendra.

Mahendra died leaving behind the plaintiffs as his successors. Because, the plaintiffs are the widow wife and children of Mahendra.

Baidyanath died leaving behind his two children i.e. Gajendra and Lata. Lata is the defendant No.3. Gajendra was adopted by one Narayan Das. For which, Gajendra has no share in the suit properties. Defendant No.2 is the son of Gajendra.

So, defendant No.2 has also no interest in the suit properties, because after adoption of Gajendra to an another family, Lata (defendant No.3) is the only successor of Baidyanath.

The defendant No.1 is the only son as well as sole successor of Kunja. Kunja was the 3^rd son of Chaturbhuja.

As per plaint story, although, three branches i.e. Rahasbihari branch, Baidyanath branch and Kunja Branch were possessing the joint and undivided ‘Kha’ Schedule suit properties distributing between them more or less amicably staying in separate mess, but there was no metes and bounds partition of the same between them.

In the year 1981, the defendant No.3 (Lata, who is the sole successor of Baidyanath) sold a portion of her share in the suit properties to the sons of Mahendra i.e. plaintiff Nos.1 to 3 by executi