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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Nakul Chandra Pattanayak – Appellant
Versus
Surendranath Khaskil – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. The order dated 04.04.2024 passed by the Learned Civil Judge (Senior Division), 2nd Court, Tamluk, Purba Medinipur in T.S. No. 53 of 2013 is under challenge in C.O. 87 of 2025 at the instance of the defendants. By the order impugned, the Partition Commissioner’s Report dated 09.05.2016 in terms of the preliminary decree dated 25.03.2014 was accepted upon holding that the written objection filed by the petitioners against the Commission Report has no merit at all. By the self-same order, a Partition Commissioner was appointed to hold Commission in terms of the preliminary decree dated 30.09.2022 declaring the shares of the defendant no. 1 and 2 of the suit property and a date was fixed for filing Commissioner’s Report.
2. C.O. 2513 of 2025 is at the instance of the plaintiffs and is directed against the order dated 09.04.2025 passed by the Learned Civil Judge ( Junior Division) 1st Court, Contai, Purba Medinipur in Title Suit No. 197 of 2009. By the said order, the report of the Partition Commissioner was accepted and the matter was disposed of with a direction to the office to draw the final decree as and when the stamp duty will be submitted i
An application under Article 227 challenging an order accepting a Partition Commissioner's Report is maintainable until a final decree is passed in the partition suit.
The Court emphasized the need for proper measurement of plots as per sale deeds for partition and reiterated the position of law in respect of partition of immovable properties through the Court Comm....
An appeal against a final decree is maintainable even if no appeal is filed against the preliminary decree, provided the correctness of the preliminary decree is not challenged.
Final decree proceedings in partition suits are initiated by the court regardless of a party's application; thus, the Limitation Act does not apply.
A consent decree is valid and binding on the parties only if the consent is given voluntarily and with full knowledge of the implications of the decree.
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
A preliminary decree in a partition suit crystallizes rights but does not finalize partition until a final decree is passed, allowing legislative changes to affect the final distribution.
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