JUDGMENT :

Supratim Bhattacharya, J.

1. The instant appeal has been preferred by the appellants being aggrieved by and dissatisfied with the Judgment and decree dated 27.11.2009 being passed by the Ld. Civil Judge Sr. Divn. Malda in Partition Suit No. 95 of 2003.

2. The appellants were the defendants in the said partition suit while the respondents herein were the plaintiffs.

3. Through the judgment the Ld. Trial Judge has decreed the said suit for partition on contest in preliminary form. The Ld. Trial Court has come to the finding that the respondents/plaintiffs have 1/14th share each in respect of the suit property while each of the appellants/defendants have 2/14th share in respect of the suit property.

4. The moot point for consideration before this Court is as to whether the impugned judgment passed by the Ld. Trial Court is in accordance with law or not.

5. The Ld. Counsel appearing on behalf of the appellants during his argument has submitted that the Ld. Trial Judge erred in law in decreeing the suit in preliminary form holding the registered hiba-bil-iwaz executed on 08.09.1993 as void. He has further submitted that no such prayer was made on behalf of the respondents/plaintiff