Smt. Usha Singh & Ors vs Pradip Chowdhury & Ors
2022 Latest Caselaw 1690 Cal

31.03.2022
Sl. 6                 (Via Video Conference)
Ct.No. 03
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE


                       RVW 2 of 2022
                             In
                       FA 339 of 2013

                 Smt. Usha Singh & Ors.
                          Vs.
                Pradip Chowdhury & Ors.

                          With
                       CAN 7 of 2021


             Mr.   Saurabh Guhathakurata
             Mr.   Bikash Kumar Roy
             Mr.   Sourav Sarkar
             Mr.   S. Nag
                                               ...for the applicants


             Mr.   Hirak Kumar Mitra, Sr. Adv.
             Mr.   Debdatta Sen
             Mr.   S. Chatterjee
             Mr.   Malay Kumar Seal
                                          ...for the respondents

What is pending in this court is a first

appeal from a judgment and decree of the

learned court below dismissing a partition and

administration suit.

The applicants are third parties. They claim

that their father since deceased was put into

possession by the co-sharers of a part of the

property, which is the subject matter of the

partition and administration suit in pursuance of

an agreement for sale dated 7th July, 2007

between them.

Mr. Guhathakurata, learned advocate

appearing for the applicants submits that

although his clients were put in possession of

the property their title could not be perfected

because of non-execution of conveyance by the

vendors.

It appears that the applicants approached

the District Consumer Forum which on 15th

September, 2014 directed the parties to this

partition and administration suit to execute a

conveyance in favour of the applicants.

On the strength of this order, the applicants

wanted to be impleaded in this appeal.

We are afraid that they have no such right

at this point of time.

The scope of this appeal from a decree

dismissing the partition and administration suit

is restricted to the rights of the parties inter se in

the subject property including the right to claim

division thereof. The applicants admittedly do

not have title to the property. They claim a

possessory right in the property together with

the right to obtain conveyance thereof by virtue

of the said order of the Consumer Forum. They

have to exercise their alleged right independently

and not by their impleadment in this appeal or

suit.

We have not gone into the merits of the

disputes between the applicants and the

respondents in this partition and administration

suit. We only observe that the applicants are at

liberty to exercise their alleged rights in an

appropriate proceeding in an appropriate

jurisdiction. We clarify that they are not bound

by any order in this proceeding.

Hence, in this review application, we see no

reason to set aside, interfere with, modify or in

any other manner review our order dated 30th

November, 2021 dismissing the application (CAN

5/2018 = Old CAN 1978 of 2018) for their

impleadment in the partition and administration

suit or in their appeal.

The review application is, thus, disposed of.

Re: FA /339/2013 With CAN /7/2021

List this appeal along with the connected

application CAN 7 of 2021 for hearing under the

heading "short appeal" on 20th April, 2022.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )