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2018 Supreme(Cal) 979

SABYASACHI BHATTACHARYYA
Purabi Chakraborty – Appellant
Versus
Rama Chakraborty – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Purnasish Gupta, Ms. Vaswati Banerjee, Mr. Sagnik Chatterjee, Mr. Karunasish Chakraborty, Mr. Hiranmay Bhattacharyya.
For the Respondents: Mr. Jahar Chakraborty, Ms. Sabita Mukherjee.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. C.O. No. 3718 of 2018 and C.O. No. 3731 of 2018 have been preferred respectively by the defendant nos. 1 and 2 and the defendant nos. 3 to 6 in a suit for partition, against an order allowing an amendment of the plaint.

2. Initially, the suit was amended once, and such amended plaint contained the following reliefs:

    “(a) Decree of declaration to the effect that the Plaintiff was entitled to 50% undivided share and the Defendant Nos. 1 and 2 were jointly entitled to remaining 50% undivided share of the suit property described in the Schedule of the Plaint.

(b) for preliminary Decree declaring the share of the Plaintiff and the Defendant Nos. 1 and 2 in respect of the property described in the Schedule of the Plaint.

(c) for Decree of declaration to the effect that the Defendant Nos. 1 and 2 being undivided owners in respect of 50% share of the suit property fully occupied by the co-sharers, were not entitled to dispose of their said undivided share in respect of the suit premises to the outsiders and/or to the added Defendant Nos. 3 to 6.

(d) for decree of declaration to the effect that the DEED OF CONVEYNCE dated 11.07.2011 registered in Book No.

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