Orissa Court April 2000 Judgments

Baladev Prasad Mohanty Alias Chintoo Vs. Purna Chandra Mohanty (Died) ...

Court: Orissa

Reported in: 2000(I)OLR623

P.K. Misra, J.1. Defendant is the appellant against a confirming decision.2. The undisputed facts and circumstances giving rise to the present appeal are as follows : The suit for partition was filed by plaintiff- respondents in respect of Ac. 0.917 decimals of land, as described in the plaint Schedule. The disputed property was the joint family property of two brothers Balamukund Mohanty and Ghanashyam Mohanty. Plaintiffs 1, 2, and 3 are sons of late Balamukunda Mohanty; plaintiff No. 4 and the sole defendant are the sons of late Ghanashyam Mohanty. A preliminary decree for partition was passed declaring half share of plaintiffs 1, 2 and 3 and l/4th share each of plaintiff No. 4 and the defendant. Subsequently, in final decree proceeding, the western 1/4th portion of the disputed property (area of Ac. 0.22.91/4 decimals) fell to the share of the defendant. The report of the Commissioner dividing the property was accepted by order dated 6.7.1981.Thereafter, the plaintiffs filed a petit...