JUDGMENT :

S. Abdul Nazeer, J.

Nabin Sain alias Nabin Chandra Sen filed a suit against Subhash Chandra Sen and others for partition of his 3/5th share in the suit schedule property. On 06.08.2001, trial court passed a decree granting the plaintiff 3/5th share in the suit schedule property on the following terms:

"This suit coming on this day for final disposal before Sri R.D. Kundu, Ld. Judge, Bench VIII in the presence of Sri J.M. Saha, Advocate for the plaintiff, and of Sri Debrata Sen, Advocate for the Defendant. It is ordered and decreed that the suit be and the same is decreed on contest but without any costs. It is decreed that the plaintiff do get a decree for partition holding that he has got 3/5th share in the suit property and the defendants have got 2/5th share therein. It is further ordered that lot ‘A’ property as shown in the sketch map filed by the plaintiff be allotted to the plaintiff and the lot ‘B’ property be allotted to the defendants. 4 ft. common passage to the east of the Lot ‘A’ property would be kept open and the parties be permitted to raise boundary wall, the costs of which would be borne by the parties in equal share. Both the plaintiff and the defendants