Supriya Kumar Gooptu & Anr vs Aloka Gooptu
2021 Latest Caselaw 1063 Cal/2

OD-1
                                     ORDER SHEET

                                      CS/144/2015

                           IN THE HIGH COURT AT CALCUTTA
                            Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE


                           SUPRIYA KUMAR GOOPTU & ANR.
                                       VS
                                  ALOKA GOOPTU


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 23rd September, 2021.

[Via video conference] Appearance:

Mr. Sayan Ganguly, Adv.

Ms. Mudrika Khaitan, Adv.

... for the plaintiffs

The Court : The Report of the Commissioner of Partition pursuant to the

judgment and order of a learned Single Judge dated 4th March, 2021 is perused.

The said Report dated 31st August, 2021 enclosing the Scheme of Partition has

been signed by both the plaintiffs as well as the defendant and have also been

identified by advocates on their behalf. Learned counsel appearing for the plaintiffs

submits that the suit may be decreed on the basis of the said Scheme of Partition.

Clause 18 of the Scheme provides that a decree of partition may be

passed on the basis of the terms and consequential acts undertaken by the parties

thereafter. The preliminary decree dated 4th March, 2021 passed by a learned

Single Judge of this Court indicates that the suit was heard as an undefended suit.

The Scheme, however, is not signed by the sole defendant.

Upon considering the Scheme of Partition annexed to the Report of the

Commissioner, this Court is of the view that the Scheme has been drawn up in

accordance with the Report and a decree for partition may be passed in terms of the

Scheme.

CS 144 of 2015 is accordingly decreed in terms of the Scheme of Partition

enclosed with the Report of the Commissioner of Partition.

The decree shall be registered by the parties with the Registrar of

Assurances, Kolkata and the parties shall bear all costs and charges for such

registration on equal basis.

Parties are to act in the manner indicated in the Scheme of Partition.

Interim order, if any, shall stand vacated.

All connected applications are disposed of in terms of this order.

(MOUSHUMI BHATTACHARYA, J.)

sp3