JUDGMENT

Tapabrata Chakraborty, J. - The final decree dated 12th February, 2021 passed by the learned Civil Judge (Senior Division) 3rd Court, Howrah in a partition suit being Title Suit no. 232 of 2011 is the subject matter of challenge in the present appeal preferred by the defendants in the suit.

2. The suit for declaration, partition and injunction was filed by the plaintiff/respondent for partition of his half share in the following suit property :

'Schedule of the Property :

All that piece and parcel of Mokarari Mourashi bastu land measuring more or less 03 cottahs 03 chittaks 17 square feet along with a two storied building standing thereon with all easement right appertaining thereto comprising within Municipal building no. 10/1, Nabin Senapati Lane, Police Station- Shibpur, District- Howrah, butted and bounded by:-

On the North : Nabin Senapati Lane.

On the South : Property of 10/1/1, Nabin Senapati Lane.

On the East : Nabin Senapati Lane.

On the West : Property of 10/2, Nabin Senapati Lane.'

3. The suit was decreed in preliminary form ordering inter alia as follows :

'That the instant suit be and the same is decreed on contest against the defendant in preliminary form without any o