JUDGEMENT

Pattanaik, J.-Leave granted.

2. These three appeals by special leave are directed against one and the same judgment dated 25.09.1992 of the Division Bench of Calcutta High Court. The three appellants are the State of West Bengal in appeal arising out of SLP (C) No. 401 of 1993, the State Fishery Development Corporation Ltd. in appeal arising out of SLP (C) No. 13516 of 1992 and Bansilal Farms in appeal arising out of SLP (C) No. 13314 of 1992. The respondents are the members of one Sarkar family in the city of Calcutta. The dispute centres around a fishery called Nalban Fishery.

3. A suit for partition was filed by one of the Co-sharers of said Sarkar family in the High Court of Calcutta on 3.9.1995, which was registered as Suit No. 2539 of 1955. He schedule of properties included the disputed Nalban Fishery. A learned Single Judge of the Calcutta High Court passed a preliminary decree in the said suit on 11.8.1960. One of the Co-sharers of the Sarkar family preferred an appeal against the preliminary decree before the Division Bench which was registered as Appeal No. 200 of 1960. During the pendency of the aforesaid appeal the State of West Bengal requisitioned large extent