Khagendra Mandal vs Phani Bhusan Mandal And Ors
2022 Latest Caselaw 7587 Cal

16.11.2022
 KC(17)



                              F.M.A.T 375 of 2022
                               Khagendra Mandal
                                   -versus-
                         Phani Bhusan Mandal and Ors.
                                     With
                                 CAN 1 of 2022



             Mr. Soumen Kumar Dutta,
             Mr. Sabyasachi Bhattacharya.........For the appellant.

             Mr. Anindya Bose,
             Mr. Diptendra Mandal,
             Mr. Nikhil Gupta,
             Mr. Mridul Biswas...................For the respondent

nos. 1 to 10.

As the point involved is very short, we proposed to

hear out the appeal. We are disposing of it by this

judgment and order dispensing with all formalities.

We request the learned court below to dispose of

the partition and administration suit by 30th November,

2023, by passing a final decree of partition.

The appellant claims to be the undivided owner of

9 decimals of the subject property. He had a katchha

structure on it. According to Mr. Dutta, learned

advocate for the appellant, that katchha structure is

now derelict. His client has obtained sanction to

construct a building on that parcel of land. He wants an

order from this court to make that construction,

pending the partition and administration suit.

Such an order, in our opinion, might create a

problem if at the time of passing the final decree, this

parcel of land does not fall in the share of the appellant.

In the circumstances, we have expedited the suit.

In the meantime, the appellant will be free to re-build

the katchha structure to make it habitable under the

supervision of the Commissioner appointed by the

learned court below.

We also request the learned court below to make

an attempt, if 9 decimals of land is the adjudged share

of the appellant/petitioner, that this particular parcel of

9 decimals of land is ultimately allotted to him on

partition.

If that be the result, on passing the final decree

the appellant/petitioner may proceed to make

construction according to the sanctioned plan.

Any further interim order pending hearing of the

suit may be obtained from the learned court below.

The appeal (F.M.A.T. 375 of 2022) and the

application (CAN 1 of 2022) are thus disposed of.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)