Ghanshyam Das Benani vs Suresh Kumar Benani & Ors
2025 Latest Caselaw 2996 Cal/2

Calcutta High Court

Ghanshyam Das Benani vs Suresh Kumar Benani & Ors on 11 November, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

OD 1                            ORDER SHEET


                       IN THE HIGH COURT AT CALCUTTA
                        CIVIL APPELLATE JURISDICTION
                                ORIGINAL SIDE


                                 APDT/19/2025
                                      WITH
                                  CS/321/2011
                                IA NO:GA/1/2025

                          GHANSHYAM DAS BENANI
                                   VS.
                        SURESH KUMAR BENANI & ORS.


BEFORE :

THE HON'BLE JUSTICE DEBANGSU BASAK
             And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 11th November, 2025


                                                                     Appearance :
                                                  Mr. Suddhasatva Banerjee, Adv.
                                                      Ms. Swati Chowdhury, Adv.
                                                       Mr. Sourojit Banerjee, Adv.
                                                                    ...for appellant

                                                             Mr. Anirban Kar, Adv.
                                                            Mr. Md. S. Haque, Adv.
                                                     Mr. Munshi Ashiq Elahi, Adv.
                                                                  Ms. S. Das, Adv.
                                                   ...for the respondent nos.14&15

The Court : Appeal is at the behest of one of the parties in a suit for

partition.

In the appeal, apart from the appellant, one respondent is

represented. Other parties to the suit, despite service of notice of appeal,

are not contesting the appeal.

Before us, the appellant and the appearing respondent invites the

Court, to modify the impugned decree.

In such circumstances, the impugned decree is modified in the

manner hereafter.

The following portions contained in the judgment and decree shall

stand omitted:

"The Learned Commissioner of Partition shall execute and register

necessary registered deeds."

"The Learned Partition Commissioner shall be discharged on

execution of necessary registered deeds."

The entire report of the Learned Partition Commissioner, as

submitted before the Learned Single Judge shall stand incorporated and

be read in the decree.

The Collector or any gazette subordinate of the Collector deputed

by him in this behalf, shall assess and separate the stamp duty in

respect of the properties assessed for payment of revenue to the

Government, in accordance with the declaration contained in the

judgement and decree under provisions of Section 54 of the Code of Civil

Procedure, 1908.

The appeal stands disposed of in terms of this order. The department is

directed to draw up and complete the decree in terms of the directions

contained in this order, upon completion of usual formalities. The

Registrar, Original Side is directed to send the drawn up decree to the

Collector for assessment of Stamp Duty in terms of the Indian Stamp Act,

1899.

APDT 19 of 2025 along with all connected applications stands disposed of

without any order as to costs.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

SN/S.Mandi AR(C R)