Abdul & Ors vs Sk. Khamiruddin & Ors
2022 Latest Caselaw 1400 Cal

Dl.   March 22,              F.A.T. 124 of 2020
28.    2022

                             Abdul & ors.
                                 Vs,
                             Sk. Khamiruddin & ors.

                             Mr. Suprabhat Bhattacharyya,
                             Mr. Md. Nauroz Rahber,
                             Ms. Anjana Mehebub,
                             Mr. Jawwad Alam,
                                   ...for the appellants.

                             Mr. Md. Habibur Rahaman,
                                  ...for the respondents no. 1 to 9, 11 & 13.

Re: CAN 2519 of 2020 (stay) filed on March 4, 2020.

Although the matter is appearing under the heading

"application", by consent of the parties the appeal itself is taken up

for consideration upon dispensation of all formalities.

The appellants are aggrieved by the declaration of

shares in respect of 'A' scheduled property.

The learned advocate appearing on behalf of the

appellants submits that the erroneous finding is due to the non-

consideration of Exhibits "A" and "B", namely, the original sale

deed no. 131/1941 and the original sale deed no. 1342/1919.

On a bare perusal of the impugned judgment, we do not

find any reflection of the said two sale deeds. The appellants are not

aggrieved by the other findings arrived at by the learned trial judge

in respect of "B" scheduled property.

In view of the aforesaid, the matter is remanded to the

learned trial judge to write a fresh judgment in respect of

declaration of shares in so far as "A" scheduled property is

concerned on consideration of Exhibits "A" and "B" on the basis of

available documents and the evidence already on record. No further

evidence to be adduced by the parties on the said issue. However,

the parties are at liberty to advance arguments in respect of Exhibits

"A" and "B" only.

We make it clear that the findings arrived at by the

learned trial judge in respect of "B" scheduled property remains

untouched and we are not interfering with such findings.

The parties shall maintain status quo with regard to

nature and character of the "A" scheduled property till re-writing of

the judgment in respect of "A" scheduled property.

The appeal and the application are, thus, disposed of

without any order as to costs.

dns ( Ajoy Kumar Mukherjee, J. ) ( Soumen Sen, J. )