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2022 Supreme(Cal) 1289

I. P. MUKERJI, SUBHENDU SAMANTA
Atish Kumar Mukherjee – Appellant
Versus
Nitish Kumar Mukherjee – Respondent


Advocates Appeared:
For the Appellants : Mr. Jayanta Das, Ms. Soumita Ghosh.
For the Respondents: Mr. Rwitendra Banerjee, Mr. Shibasis Chaterjee, Mr. Sandip Kundu, Mr. Devdutta Pathak.

JUDGMENT :

I.P. Mukerji, J.

1. This appeal is from a judgment and decree made on 16th July, 2018 by the learned Civil Judge (Senior Division), 3rd Court at Paschim Medinipur in Title Suit No. 67 of 2013. The appeal is from a preliminary decree for partition of the suit property after declaration of shares of the parties.

2. Learned counsel for the respondents says that we have no determination over this appeal and that another bench has determination.

3. The determination of this bench is, inter alia, as follows:-

    “FROM 20TH JUNE, 2022 (MONDAY) - ALL MATTERS RELATED TO PONZI SCHEME; ADMISSION OF APPEALS UNDER ORDER XLI RULE 11 OF THE CODE OF CIVIL PROCEDURE 1908 INCLUDING APPLICATIONS CONNECTED THERETO (2017 ONWARDS).”

4. The determination of another division bench is, inter alia as follows:-

    “FROM 20TH JUNE, 2022 (MONDAY) - FIRST APPEAL AND FIRST MISCELLANEOUS APPEAL AND APPLICATIONS CONNECTED THERETO (2016 ONWARDS).”

5. Before I enter into the substance of his argument, I would like to set out Rule 17 of Chapter V relating to the general rules of procedure of the appellate side rules of our court:-

    “17. The officer to whom the memorandum is presented under Rule 14 of this Chapter shall en

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