Gakul Manna And ORS v. Foni Raut And ORS

(10) 05.10.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 1720 of 2021 Gakul Manna & ors.

-versus- Foni Raut & ors.

Mr. Abhijit Pal, ... for the petitioners.

The defendants in a suit for partition are the petitioners of the present application under Article 227 of the Constitution of India which is directed against the order no. 150 dated December 02, 2019 passed by the learned Civil Judge (Senior Division) at Basirhat, District-24 Parganas (North) in Title Suit No. 42 of 2002.

The partition suit was decreed ex parte in preliminary form.

The learned Trial Judge by the order impugned has allowed an application filed by the plaintiffs/opposite parties for appointment of a Partition Commissioner.

The preliminary decree of partition is not under challenge therefore, the learned Trial Judge has not committed any error in appointing the partition commissioner to make the said preliminary decree final.

The order impugned does not call for any interference. CO 1720 of 2021 is dismissed without any order as to costs.

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

(Biswajit Basu, J.)