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2023 Supreme(Cal) 1244

HARISH TANDON, PRASENJIT BISWAS
Durga Prasad Roy Chowdhury – Appellant
Versus
Ashoke Kumar Roy Chowdhury – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Soumik Ganguly, Mr. Sayan Ray, Ms. Chandana Chakraborty, Adv.
For the Respondent: Mr. Anjan Dutta, Adv.

JUDGMENT :

Prasenjit Biswas, J.

1. The order dated 16.06.2022 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat, North 24 Parganas, in Title Suit No. 779 of 2017 whereby learned Court accepted the report of the Pleader Commissioner overruling the objections raised by the appellant is under challenge in this appeal.

2. Only question which remains for consideration is of a garage situated in the ground floor left by the deceased and is not partitioned by the Partition Commissioner.

3. Learned Counsel appearing on behalf of the appellant/defendant submitted before us interalia that there are serious errors and discrepancies in the report of the commissioner and the learned Trial Court committed error and illegality by accepting the report and directing for drawing up final decree in terms of the said report. It is further submitted by the learned Counsel that the report lacks proper quantum of land and structure allotted to the appellant and the respondent. It is further assailed by the learned Advocate that the report of the Pleader Commissioner is vitiated due to non-mentioning of valuation of the suit property and allotment of shares of the parties which is requir

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