Phani Bhusan Das And ORS v. Manik Das And ORS

sandip Ct. 19 06.08.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. 4189 of 2023 Phani Bhusan Das & Ors.

Vs.

Manik Das & Ors.

Mr. Kartick Kr. Bhattacharya, Mr. Tirtha Pati Acharay, Ms. Soumashree Dutta, Ms. Arunima Das Sharma, Ms. Papiya Naskar ... For the petitioners. The defendants in a suit for partition are the petitioners in the instant application under Article 227 of the Constitution of India, which is directed against the Order No. 243 dated August 31, 2023 passed by the Court of the learned Civil Judge (Junior Division) at Dubrajpur, District - Birbhum, in the said suit being Title Suit No. 64 of 2004. The learned Trial Judge by the order impugned has accepted the report of the Partition Commissioner.

The report of the Partition Commissioner would culminate into a final decree, therefore, challenge to the said report is pre-matured, C.O. 4189 of 2023 is dismissed without any order as to costs. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)