Fulsura Bibi & Ors vs Noor Islam & Ors
2022 Latest Caselaw 8435 Cal

Dl.   December              S.A.T. 99 of 2009
37.   16, 2022

                            Fulsura Bibi & ors.
                            Vs,
                            Noor Islam & ors.

                             The matter appeared in the warning list on November

                 29, 2022 with a clear indication that the matter would be transferred

                 to the daily cause list on December 5, 2022 before the regular

                 bench. Since then the matter is appearing in the list. The present

                 appeal is of the year 2009.

                             Today the appellant is not represented, nor any

                 accommodation is prayed for.

                             In absence of the appellants, we have carefully gone

                 through the judgments of both the courts below and the grounds

                 taken by the appellants for considering the question of admission of

                 the present second appeal.

                             The judgment and decree of affirmance dated

                 December 17, 2008 passed by the learned Additional District Judge,

                 Fast Track Court No. II at Kandi, Murshidabad, in Title Appeal No.

                 28 of 2005 arising out of judgment and decree dated September 28,

                 2005 passed by the learned Civil Judge (Junior Division), Second

                 Court at Kandi, in Title Suit No. 84 of 2000, which is a suit for

                 declaration of title and permanent injunction, is the subject matter of

                 challenge in this appeal.

                             The plaintiffs/respondents having been able to establish

the amicable partition amongst the legal heirs of Yakub Sk by way

of adducing oral and documentary evidence, we do not find any

reason to interfere with the concurrent findings of fact arrived at by

both the courts below.

Having found no substantial question of law involved

in this appeal for which the same is required to be admitted, the

same is summarily dismissed under Order XLI Rule 11 of the Code

of Civil Procedure.

There will be no order as to costs.

dns    ( Uday Kumar, J. )                               ( Soumen Sen, J. )