Sri Satrajit Biswas & Ors vs Arindam Das & Ors
2021 Latest Caselaw 5239 Cal

 11, Ct.18
29.09.2021

AJ.

C.O. 1703 of 2021

(Via Video Conference)

Sri Satrajit Biswas & Ors.

-Vs-

Arindam Das & Ors.

Mr. Arnab Roy.

....for the petitioners.

Share of the petitioners over the suit

property in the preliminary form has been declared

in Title Suit No. 82 of 2008 by the 2nd Court of the

learned Civil Judge (Senior Division), Barasat,

District 24-Parganas (North) vide judgment and

decree dated September 04, 2009.

The partition commissioner has been

appointed at the instance of the petitioners to draw

up a final decree on the basis of the said

preliminary decree of partition.

In the meantime, the defendants/ opposite

parties filed an application seeking review of the

said preliminary decree on the ground that the title

of the predecessor-in-interest of the parties to the

suit over the suit property is yet to be matured into

full ownership, as such, the share of the petitioners

over the suit property cannot be declared.

The learned Trial Judge, pending disposal of

the said review application, stayed the further

proceedings of the partition commissioner's work.

Mr. Roy, learned advocate contends that the

commission work is almost at the final stage, as

such, the learned Trial Judge is not justified in

staying the staying the said commission work.

No fruitful purpose would be served in

continuing with the final decree proceeding to give

the said preliminary decree a final shape pending

disposal of a challenge to the preliminary decree on

the ground that the predecessor-in-interest of the

parties to the suit had no title over the suit

property.

The order impugned, therefore, does not

suffer any illegality and/or infirmity warranting

interference.

C.O. 1703 of 2021 is disposed of with a

request to the learned Trial Judge to expedite the

disposal of the said review application without

granting any unnecessary adjournment to either of

the parties.

Urgent photostat certified copy of this order,

if applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)