Angura Mullick (Rehman) vs Masum Ali Mullick And Ors
2025 Latest Caselaw 446 Cal/2

Calcutta High Court

Angura Mullick (Rehman) vs Masum Ali Mullick And Ors on 18 July, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee, Kausik Chanda

OD-1
                             ORDER SHEET

                             RVWO/4/2023
                                 WITH
                             APD/227/2009
                           IA NO: GA/1/2023

                   IN THE HIGH COURT AT CALCUTTA
                       Civil Appellate Jurisdiction
                             ORIGINAL SIDE


                     ANGURA MULLICK (REHMAN)
                               VS
                    MASUM ALI MULLICK AND ORS.


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                  AND
  The Hon'ble JUSTICE KAUSIK CHANDA
  Date : 18th July, 2025.


                                                                   Appearance:
                                                       Mr. Saunak Ghosh, Adv.
                                                             Md. Hossain, Adv.
                                                   Mr. Ashis Kumar Dutta, Adv.
                                                      ...for the review applicant

                                                             Mr. Avijit Roy, Adv.
                                                          Mr. Indrajit Sen, Adv.
                                                              Mr. S. Medda, Adv.
                                                          ...for the respondent/
                                                    plaintiff nos.1 to 2(a) to 2(c)

                                                         Mr. Supratic Roy, Adv.
                                                            .. for the defendant
                                                       nos.1, 3(a), 3(b), 3(c) & 4


                          Dictated by Arijit Banerjee, J.

Re: IA No.GA/1/2023

The Court: On the undertaking of learned Advocate-on-Record for

the review applicant to file the affidavit-in-reply in connection with the

application for condonation of delay, in course of the day, this matter is

taken up for hearing.

We have heard learned counsel for the parties.

Although the delay is substantial and we are not fully satisfied with

the explanation furnished, keeping in view that a large part of the period in

question was hit by COVID-19 and taking a lenient view of the matter, in the

interest of justice, we condone the delay.

GA/1/2023 is disposed of.

Re: RVWO/4/2023

This review application is directed against a judgment and order

dated February 28, 2020, passed by a Co-ordinate Bench of which one of us

(Kausik Chanda, J.) was a member, whereby the appeal of the defendant

no.2 in the concerned partition suit was dismissed and the preliminary

decree of the Learned Single Judge was affirmed. The defendant no.2 has

now filed this review application saying that the preliminary decree passed

by the Learned Single Judge does not specify the shares of all the parties

which is creating great difficulty.

We see no reason to review the order dated February 28, 2020.

None of the grounds mentioned in Order XLVII Rule 1 of the Code of Civil

Procedure has been made out. If the Appeal Court has erroneously affirmed

the preliminary decree of the Learned Single Judge, such error can be

corrected by a higher forum. Review is not the course of action to be taken.

We dismiss this review application reserving liberty to the review

applicant to approach the Learned Single Judge with an appropriate

application, if he is entitled to do so in law.

In the event the review applicant decides to approach the Learned

Single Judge, that should be done within four weeks from date and not

beyond. Needless to say, we have not gone into the merits of the case at all.

(ARIJIT BANERJEE, J.)

(KAUSIK CHANDA, J.)

bp/R.Bhar