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2023 Supreme(Cal) 313

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Parbati Jana – Appellant
Versus
Anupama Sahoo – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mukteswar Maity, Prabir Rej, Pranab Kumar Das.
For the Respondents: Kapil Ch. Sahoo, Shyamal Chakraborty, Manju Jaiswal, Debajyoti Mondal.

JUDGMENT :

TAPABRATA CHAKRABORTY, J.

1. The appeal being FA 67 of 2023 has been preferred by one Parbati Jana (in short, Parbati) challenging the order dated 31st March, 2015 passed by the learned Civil Judge (Senior Division) 1st Court, Contai, District–Purba Medinipur in Misc. Judicial Case No. 31 of 2011 in connection with a partition being Title Suit No. 178 of 2009. By the order impugned in the appeal, the learned Court below was pleased to allow the application for preemption filed under Section 4 of the Partition Act, 1893 (in short, the Partition Act) by the defendant no. 2, namely, Jayanta Kumar Panda (since deceased) (in short, Jayanta) directing him to submit the present market valuation of the case property assessed by the ADSR Contai-I and to pay the said amount in Court within 60 days from the date of the order.

2. The other appeal being FA 68 of 2023 has been preferred by Parbati challenging the order dated 11th September, 2017 passed by the learned Civil Judge (Senior Division) 1st Court, Contai, District – Purba Medinipur in Misc. Judicial Case No. 31 of 2011 by which the time to deposit the market valuation of the case property was extended till 10th November, 2017.

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