Sandip Kumar Saha vs Rita Saha & Ors
2022 Latest Caselaw 58 Cal

10.01.2022 (S/L-04) Ct.-18 (Susanta) (Via Video Conference)

C.O. 14 of 2022

Sandip Kumar Saha

-Vs-

Rita Saha & Ors.

Mr. Partha Pratim Roy, .... For the Petitioner.

The defendant no. 1 in a suit for partition is the

petitioner of the present application under Article 227

of the Constitution of India.

The learned Trial Judge by the order impugned

has disposed of the suit upon acceptance of the

report of the Partition Commissioner.

The revisional application is not maintainable

against such judgment and/or order.

C.O. 14 of 2022 is dismissed as not

maintainable.

It is made clear that the veracity of the

Commissioner's Report is open to challenge at the

instance of the petitioner in an appeal that may be

taken out against the final decree of partition.

Urgent photostat certified copy of this order, if

applied for, be supplied to the party subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)