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2015 Supreme(Cal) 615

SIDDHARTHA CHATTOPADHYAY
Joydeb Mondal – Appellant
Versus
Sukanta Sau – Respondent


Advocates Appeared:
For the Petitioners: Tapas Kr. Bhattacharya, Hindol Nandy
For the Opposite Party : Hiranmoy Bhattacharya, Saunak Bhattacharya

JUDGMENT :

Siddhartha Chattopadhyay, J.

This instant revisional application arises from the impugned order dated 03.12.2013 passed in Miscellaneous Appeal 246 of 2012 by Learned Additional District Judge, 3rd Court, Howrah.

2. Feeling aggrieved at it the petitioner/plaintiff has chosen this forum for his redress. According to the petitioner the Learned First Appellate Court fails to appreciate position of law and co-sharership of the petitioner in respect of Dag No. 755 and 756 and thereby caused miscarriage of justice. It is stated that initially he got favourable order from the Learned Civil Judge (Junior Division) in the form of status quo but that order is upset by the Learned First Appellate Court.

3. As against this opposite party/defendant appeared before this Court and showed the other side of the shield, at the time of hearing.

4. According to the petitioner/plaintiff factual aspect is such that suit plot No. 755 and 756 measuring about 10-satak 6-satak respectively belong to Tarani Charan Mondal, Priyanath Mondal and Surendra Mondal had 4 annas share each and Bechuram Mondal and his brother, Satish Chandra Mondal had 2 annas share each and their names are appearing in the L.R.








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