KAJI BEWA Vs. RABINDRANATH NAYAK

JUDGEMENT

(1.) The Appellants, by filing this Second Appeal, under Sec. 100 of the Civil Procedure Code (for short, 'the Code') have assailed the judgment and decree dtd. 18/8/2005 and 2/9/2005 passed by the learned 2nd Additional District Judge, Cuttack in Title Appeal No.109 of 1993. By the said judgment and decree, the Appeal filed by the present Appellants under sec. 96 of the Code has been dismissed. Thereby, the judgment and preliminary decree dtd. 10/9/1993 and 1/10/1993 respectively passed by the learned Civil Judge, 1st Court, Cuttack (as it was then) in Title Suit No.390 of 1983 have been confirmed.

(2.) These Appellants, being the Plaintiff and Appellants before the First Appellate Court are thus now challenging the judgment and preliminary decrees as they are not satisfied with the allotment of the shares in the properties of the Parties which not in consonance with their claim and prayer, as advanced.

(3.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.