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2023 Supreme(Cal) 1533

BISWAROOP CHOWDHURY
Jharna Rath – Appellant
Versus
Rabindranath Bar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ganesh Srivastav, Adv., Mr. Sukanta Das, Adv.
For the Respondent: Mr. Snehasis Jana, Adv., Mr. Rabilal Maitra, Adv., Mr. Amlan Mukherjee, Adv., Mr. Rajit Lal Maitra, Adv.

JUDGMENT :

Biswaroop Chowdhury, J:

1. The petitioner before this Court is a defendant in a suit for partition and is aggrieved by the judgment and order passed by the Learned Additional District and Sessions Judge Fast Track 2nd Court Contai Purba Medinipore in Miscellaneous Appeal No. 05 of 2019, thereby affirming the order dated March 11, 2019, passed by the Learned Civil Judge (Senior Division) 1st Court Contai, Purba Medinipur in Title Suit No. 1018 of 2018.

2. The case of the petitioner may be summed up thus:

1. The opposite party no. 1 being plaintiff filed a suit for partition against the petitioner and other opposite parties before the Learned Civil Judge (Senior Division) 1st Court Contai Purba Medinipur being Title Suit No. 1018 of 2018.

2. The main case of the plaintiff/opposite party no-1 in the suit is as follows:

    A. Gunadhar Bar was the co-sharer in 15-1/15 decimal plot of land jointly in ‘KA’ schedule suit plot of land. Gunadhar Bar died leaving behind his wife, four sons and five daughter and accordingly each of them got 1/10th share of the property of Gunadhar Bar by inheritance. The wife and four daughters gave their portion i.e. 10-41/75 decimal plot of land to Jogesh

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