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2016 Supreme(Cal) 1058

HARISH TANDON
Srijan Realty Private Limited – Appellant
Versus
Anowar Hossain @ Mondal – Respondent


Advocates Appeared:
For the Petitioner:Md. Farook Razack, Mr. Joy Saha, Sr. Advocates, Mr. Hiranmoy Bhattacharya, Mr. Bhaskar Mukherjee and Mr. Sohail Haque, Advocates.
For the Opposite Parties :Md. Yasin Ali, Mrs. Mamata Khatun and Mr. S.A. Joynal, Advocates.

JUDGMENT :

Harish Tandon, J.

This revisional application is directed against an order No. 47 dated April 21, 2015 passed by Civil Judge (Senior Division), Baruipur, 24 Parganas South in Title Suit No. 55 of 2009 by which an application under Order 7, Rule 11 of the Code of Civil Procedure is rejected.

2. It would be relevant to record the salient facts allegedly constituting the cause of action narrated in the plaint before proceeding to deal with the points urged by the defendant in an application under Order 7, Rule 11 of the Code of Civil Procedure. The plaintiffs claimed the following reliefs in the plaint :

"(a) a decree of declaration that deed being No. 206 for the year 1942 is a collusive document and by the said document Akchhed Ali Mondal's one-third share is not affected and the plaintiffs and proforma-defendants are the joint owners of his share;

(b) a preliminary decree for partition declaring one third share of the plaintiffs in the suit property;

(c) Certain time to be given to the plaintiffs for making amicable partition of the suit property in terms of the preliminary decree and on the failure of the parties, a survey passed Advocate Commissioner be appointed for effecti







































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