Smt. Tani Biswas And ANR. v. Smt. Lila Mukul Biswas And ORS.

APO No. 36 of 2021 with CS No. 227 of 1974

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Smt. Tani Biswas & Anr.

Versus

Smt. Lila Mukul Biswas & Ors.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice ARINDAM MUKHERJEE Date: 20th July 2021 Appearance:

Mr. Mainak Bose, Advocate Mr. Dibanath Dey, Advocate Mr. J. Patnaik, Advocate Sk. Zubair Ahmed, Advocate Mr. S. Rudra, Advocate for the appellant Mr. S. N. Mitra, Sr. Advocate Mr. Rajarshi Dutta, Advocate Mr. Sayantan Bose, Advocate Ms. Madhurima Das, Advocate for the respondent Mr. Meghnad Dutta, Advocate appears The Court: The parties have settled their dispute before us. Through the good offices of Mr. S. N. Mitra, learned senior advocate and Mr. Mainak Bose, learned advocate appearing for them, they have agreed that the proposed partition plan of premises no. 23, Dr. Kartick Bose Street (2nd Floor), Kolkata - 700009 prepared in execution of the decree following a family arrangement dated 9th September 1977 at page 173 of the paper book is approved with the following modification: On the brown line representing the partition wall there shall be constructed two doors. Another door would be constructed in lieu of the window on the northern side of the room with the dimension 2622x2400.

A sketch map showing this modification, as agreed by the parties, is contained in a schedule and annexed to this order. We dispose of the appeal by modifying the impugned order dated 20th January 2021 to the extent that the orders in terms of prayers (b), (c) and (d) of the Master's Summons dated 25th September 2018 in GA No. 2821 of 2018 as d irected by learned single judge would be carried out in the aforesaid portion of the said premises with the said above modification in the partition plan.

(I. P. MUKERJI, J.) (ARINDAM MUKHERJEE, J.) R. Bose