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2021 Supreme(Cal) 110

SHAMPA SARKAR
Prafullya Mondal – Appellant
Versus
Kola Bala Mondal – Respondent


Advocates Appeared:
Saunak Bhattacharya, Advocate, Subrata Basak, Advocate

JUDGMENT

Shampa Sarkar, J. - The revisional application arises out of an order dated May 30, 2019 passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore, District 24-Parganas (South), in Title Suit No. 58 of 2012. The learned Court below by the order impugned directed the Commissioner to measure the building ('B' schedule) as a part of the 'A' schedule property and to assess the valuation afresh. The cost of the Commissioner for measuring the building was directed to be paid by the defendants/opposite parties.

2. Title Suit No. 58 of 2012 is a suit for declaration partition and injunction. The petitioner is the plaintiff in the suit. The plaint case is that the suit property consisted of 12 sataks/decimals bastu land, 10 sataks/decimals pukur (pond) and 3 sataks/decimals of doba comprising in RS Dag Nos. 77, 77/867, 75 and 76 respectively, in Mouza Sampamirza Nagar, Police Station Maheshtala, District 24-Parganas (South). That originally the suit lands belonged to the predecessor-in-interest of the parties to the suit, namely Panchu Mondal alias Panchanon Mondal and his brother Atul Mondal. Both Panchu and Atul owned the property jointly each having moiety share.

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