Pratik Barua And Ors vs Sm. Anuva Barua And Ors
2026 Latest Caselaw 1609 Cal/2

Calcutta High Court

Pratik Barua And Ors vs Sm. Anuva Barua And Ors on 6 March, 2026

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD 11

                    IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE
                              CS/993/1960
        IA NO: GA/18/2023, GA/21/2024, GA/23/2024, GA/24/2024

                           PRATIK BARUA AND ORS.
                                    VS
                         SM. ANUVA BARUA AND ORS.


BEFORE :
The Hon'ble JUSTICE SUGATO MAJUMDAR

Date:6th March, 2026

Appearance:

Mr. Rajiv Lall, Joint Commissioner of Partition.

Mr. P.C.Paul Chowdhury, Adv.

...for the plaintiff.

Mr. Apratim Bhattacharya, Adv.

Mr. Krishnendu Bera, Adv.

... for the defendant nos. 4(a) &4(b)

Mr. Saurav Chauduri, Adv.

...for the defendants.

The Court:- Heard in part. Report of the Learned Partition Commissioner

as well as supplementary report and the exception to the original report of the

Partition Commissioner filed by the Defendant Nos. 4(a) and 4(b) are taken up

for hearing today.

The Learned Counsel for the Defendant Nos. 4(a) and 4(b) alleged in

exception that the Partition Commissioner has acted in an improper way and

enquiry into the title is not appropriate.

Although submission is made and pleading is there, the allegation must

be substantiated by proper documents showing as to whether there is a lacuna

and whether any infirmity in enquiring into the title is there or not.

Liberty is given, therefore, to the Defendant Nos. 4(a) and 4(b) to file

supplementary affidavit. Parties are at liberty to file notes of argument and a

further supplementary affidavit or report if needed.

The matter will be taken up for hearing on 22 nd April, 2026. Exchange of

affidavits shall be complete on or before the returnable date.

(SUGATO MAJUMDAR, J.)

s.chandra