Advocates:
['M/S S MISRA', '', 'S MANTRY', 'M K DASH', 'A K SHARMA', 'A K MISRA', '']

M.A. No.408 of 1997

27.07.2015

This appeal has been filed assailing the order dated 3.5.1997 passed by the lea

rned District Judge, Balasore-Bhadrak, Balasore in T.A.No.38 of 1995 allowing the appeal and r

emitting the matter back to learned Civil Judge (Junior Division), Nilgiri framing an additio

nal issue to the effect that whether Hindu Succession Act, 1956 is applicable to the parties a

nd whether there is notification by the Central Government in the Official Gazette that entire

or some provisions of the Hindu Succession Act, 1956 are applicable to the parties.

2. Briefly stated, the plaintiff filed the suit in T.S. No.28 of 1989 for partiti

on and permanent injunction restraining the defendants from interfering with the possession ov

er the suit property. One Singa Singh was the common ancestor. He died leaving behind his only

son, namely, Ruhia and daughter, namely, Gandhi. On the death of said Singa, the property lef

t by him devolved upon his children and his wife. It was further asserted by the plaintiff tha

t during life time of Ruhia, there was an amicable family partition between Ruhia and Gandhi a

nd the disputed property fell to