Pashupati Dutta And Ors vs Smt Minati Dutta And Ors
2026 Latest Caselaw 842 Cal/2

Calcutta High Court

Pashupati Dutta And Ors vs Smt Minati Dutta And Ors on 12 February, 2026

ORDER SHEET                                                             OD- 13


                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                               IA NO. GA/24/2025
                                       In
                                  CS/521/1992

                          PASHUPATI DUTTA AND ORS.
                                      Vs
                          SMT MINATI DUTTA AND ORS.

  BEFORE:
  The Hon'ble JUSTICE ANANYA BANDYOPADHYAY

Date: 12th February, 2026.

Appearance:

Mrs. Suparna Mukherjee, Sr. Adv.

Mr. Shayak Mitra, Adv.

Mr. Abhik Chitta Kundu, Adv.

...For the Plaintiff no.1

Mr. Anshunath Chakraborty, Adv.

...For the Plaintiff nos. 2 & 3

Mr. Debasis Mitra, Adv.

Ms. Priya Chakraborty, Adv.

...For the Defendant nos. 3(a), (b) & (c)

Mr. Arindam Paul, Adv.

...For the Defendant nos. 5,6&7

Mr. Asok Bhaumik, Adv.

...For the Defendant nos. 2a, 2b & 2c

The Court :- The Learned Advocate representing the plaintiff nos. 2 and 3

has filed the affidavit-in-reply to the affidavit-in-opposition filed by the Learned

Advocate representing the plaintiff no.1. Let the same be kept on record.

The Learned Advocate representing the defendant nos. 5, 6 and 7 has filed

the affidavit-in-opposition to IA NO. GA 24 of 2025. Let the same be kept on

record.

The Learned Advocate representing the plaintiff nos. 2 and 3 referred to

the judgment and decree dated July 24, 2014 passed in CS 521 of 1992 and a

subsequent modified judgment and decree passed by the same Co-ordinate

Bench on May 13, 2015. The modified judgment and decree dated 13 th May,

2015, inter alia, stated as follows:

"I direct the Commissioners of Partition appointed by the preliminary decree

dated July 24, 2014 to explore the possibility of effecting partition of the dwelling

house being Premises No. 21, Girish Avenue, Kolkata- 70003 in accordance with

the shares of the parties. The parties are at liberty to take allotment jointly if they

express such a desire. The Joint Commissioners of Partition will consider the

scheme for partition submitted as Annexure-B to the affidavit affirmed by Supriya

Dutta on April 06, 2015 in respect of the dwelling house. The plaintiff will bear all

costs and expenses of the Commissioners of Partition. The plaintiff will also bear

the costs and expenses of the Valuer. The Commissioners of Partition will proceed

expeditiously as possible. The Commissioners of Partition will convene a meeting of

the parties within 7 days hereof and will proceed to appoint a Valuer forthwith

preferably within a fortnight from date. The Commissioners of Partition will submit

a report to this Hon'ble Court on the next date of hearing of the suit."

The Joint Commissioners of Partition who had been appointed by the

preliminary decree dated July 24, 2014 are to file a report with regard to their

action taken in compliance of the judgment and decree dated May 13, 2015.

Next date be fixed on 23rd March, 2026.

(ANANYA BANDYOPADHYAY, J.)

JM