Smt. Molly Dey vs Sri Gautam Dey & Ors
2023 Latest Caselaw 73 Cal

03.01.2023
Item No.14
Court No.6.
    S. De
                                   F.A. 99 of 2021

                                 Smt. Molly Dey.
                                       Vs
                             Sri Gautam Dey & Ors.

                     Mr. Gautam Chakraborty,
                     Mr. Kartik Kumar Ray
                                       ...for the appellant.
                     Mr. Asis Chandra Bagchi,
                     Ms. Malayshree Maity,
                     Mr. Somak Lahiri,
                                       ...for the respondent no.1.

Ms. Sanjana Chakraborty, ...for the respondent no.2.

This first appeal is directed against a judgment

and order dated February 8, 2021 whereby a partition

suit filed by the respondent no.1 herein was decreed in

preliminary form.

Learned counsel for the appellant/defendant

no.1 vehemently argued that the suit is not

maintainable for several reasons. We are not

immediately recording his arguments. We find that

the dispute is between cousins. There is definitely an

element of settlement in the matter and we are of the

opinion that the parties should try and settle the

matter out of Court.

If the appellant/defendant no.1, according to

whom the property in question has already been

partitioned by a registered deed of partition, is

desirous of selling her share, she should offer her

share first to the plaintiff and the proforma defendants

in accordance with law and the plaintiff and the

proforma defendents should consider such offer

earnestly.

Let the matter stand adjourned and be listed

again on February 6, 2023 under the same heading.

We ardently hope that on the next date learned

advocates for the parties will be in a position to inform

us that the parties have settled the matter amicably.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)