Asraf Ali & ORS v. Mahiruddin Ahmed & ORS

FMAT 466 of 2016 CAN 1 of 2016 (old CAN 9191 of 2016) Item-19.

10-01-2023 Asraf Ali & Ors.

sg Ct. 8

Versus

Mahiruddin Ahmed & Ors.

Mr. Tapas Kr. Bhattacharya, Adv.

Mr. Aviroop Bhattacharya, Adv.

Mr. Bishnu Prosad Singha Roy, Adv.

...for the appellants The order under challenge is dated 18th September, 2014. The said order was passed in connection with an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure.

We feel that the trial court has applied the correct principle of law. In a suit for partition, any alteration of the nature, character and possession of the property may cause irreparably loss and injury by the time the suit is decided. We do not find any reason to interfere with the order passed on 18th September, 2014.

The status report filed by the learned Civil Judge (Senior Division), Jalpaiguri shows that the suit is till pending. We request the learned Trial Court to dispose of the applications under Order 1 Rule 10(2) and Order 22 Rule 4 of the Code of Civil Procedure at the earliest and dispose of the said applications without granting any further adjournments to either of the parties.

We also request the learned Trial Court to dispose of the suit, unless it has already been disposed of, as expeditiously as possible and preferably within a period of eight months from the

date of communication of this order.

Mr. Tapas Kumer Bhattacharya learned Counsel for the appellants submits that some of the parties are agreeable to have an amicable partition.

If any such application is made, we would request the learned Civil Judge (Senior Division), Jalpaiguri to consider such prayer in accordance with law.

We direct the learned Registrar Administration (L&OM) to communicate this order to the learned Civil Judge (Senior Division), Jalpaiguri within one week from date. The appeal and the application accordingly, stand disposed of.

(Uday Kumar, J.) (Soumen Sen, J.)