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Calcutta High CourtCO/361/2026dismissed

Subhas Chandra Roy v. Ramnarayan Roy And ORS

2026-06-24Hon'Ble Justice Om Narayan Rai2 pages

24.06.2026 Item No.11 Court No. 6 MKP C.O. 361 of 2026 Sri Subhas Chandra Roy -VsSri Ramnarayan Roy And Ors Mr. Debasis Sur Mr. Dhanjoy Mukherjee ............for the Petitioner (Name not supplied) ......for the Respondent/O.P.

1.

This revisional application is directed against an order dated November 19, 2025, passed by the Learned Civil Judge, (Senior Division), Purba Bardhaman, whereby the report filed by the partition Commissioner has been accepted and the suit has been decreed in preliminary form, upon directing second preliminary decree to be drawn up after assessment of stamp duty.

2.

Since, the challenge envisaged in this revisional application irrespective of the grounds taken would essentially be directed to the decree itself, the revisional application is not maintainable. 3.

C.O.361 of 2026 is dismissed with liberty to the petitioner to take appropriate steps to challenge the decree in accordance with law.

4.

The petitioner shall be entitled to take back the certified copy of the order impugned by furnishing a photostat copy thereof, duly countersigned by the learned advocate on record for the petitioner. 5.

The petitioner will be at liberty to pray for condonation of delay or exclusion of the period of limitation citing the pendency of the revisional application before this Court, in accordance with law.

6.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Om Narayan Rai, J.)