Sanjay Poddar And ANR v. Jaspal Singh Chandhok And ORS

OD - 10 ORDER SHEET APD 84 OF 2018 CS 994 of 1990 GA 1 OF 2014 GA 2199 OF 2014 GA 3 OF 2019 GA 4 OF 2019 GA 5 OF 2019 GA 2579 OF 2019

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE SANJAY PODDAR AND ANR.

Versus

JASPAL SINGH CHANDHOK AND ORS.

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 11TH JANUARY, 2021.

Appearance:

Mr. Rohit Banerjee, Adv.

Mr. D. Adhikari, Adv.

For the appellant Mr. Sakya Sen, Adv.

Mr. Amritam Mondal, Adv.

For the respondent Nos.2 (a) to 2 (c) Mr. Arindam Paul, Adv.

For the respondent Nos.3 & 4 The Court: This appeal arises out of a preliminary decree for partition of the subject premises. There were two co-sharers in the subject property, the plaintiff and the first defendant. The third defendant was allegedly the lessee. The original lessee died and was substituted by his heirs/legal representatives. The first defendant also died. The plaintiff is the first respondent in the appeal whereas the heirs of the first defendant are the respondent Nos.2(a) to 2(c) in the appeal. It is common ground that the said co-sharers have transferred their right, title and interest to a third party. The Division Bench on an earlier occasion had directed the cosharers to file a supplementary affidavit confirming this fact. The respondent Nos.2(a) to 2(c) represented by Mr. Sen have filed such

affidavit. The plaintiff/respondent is not appearing. We presume that he is nothing to say in contradiction of the said affidavit. In those circumstances, the cause of action of this partition and administration suit no longer survives.

In those circumstances, the appeal (APD No.84 of 2018) is dismissed and all pending connected applications are accordingly disposed of.

The suit (CS No.994 of 1990) is also dismissed. The preliminary decree is set aside.

(I.

P. Mukerji, J.) (Md. Nizamuddin, J.) A Dey