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Calcutta High CourtCO/14/2022dismissed

Sandip Kr. Saha v. Rita Saha And ORS.

2022-01-10Hon'Ble Justice Biswajit Basu1 pages

10.01.2022 (S/L-04) Ct.-18 (Susanta) (Via Video Conference) C.O. 14 of 2022 Sandip Kumar Saha -Vs- Rita Saha & Ors.

Mr. Partha Pratim Roy, .... For the Petitioner.

The defendant no. 1 in a suit for partition is the petitioner of the present application under Article 227 of the Constitution of India.

The learned Trial Judge by the order impugned has disposed of the suit upon acceptance of the report of the Partition Commissioner.

The revisional application is not maintainable against such judgment and/or order.

C.O.

of is dismissed as not maintainable.

It is made clear that the veracity of the Commissioner's Report is open to challenge at the instance of the petitioner in an appeal that may be taken out against the final decree of partition. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance with all requisite formalities.

(Biswajit Basu, J.)