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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Nakul Chandra Pattanayak – Appellant
Versus
Surendranath Khaskil – Respondent
| Table of Content |
|---|
| 1. challenge against orders accepting partition commissioner's report. (Para 1 , 2) |
| 2. common law question of maintaining application under article 227. (Para 3 , 4 , 8) |
| 3. arguments regarding maintainability of application under article 227. (Para 5 , 6 , 7) |
| 4. definitions and stages of decrees in partition suits. (Para 9 , 10 , 12 , 18 , 22) |
| 5. final determination and orders by the court. (Para 31 , 32 , 33) |
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. 2
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....
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