Rabindra Nath Mondal vs Gopal Krishna Mondal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1548

IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Rabindra Nath Mondal – Appellant
Versus
Gopal Krishna Mondal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Mrityunjoy Chatterjee, Ms. Debolina Lahiri
For the Respondent: Mr. Jit Ray Mr. Rahul Adhikary

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Petitioner/defendant challenged herein order no. 91 dated 12.02.2020 passed by learned Civil Judge, (Junior Division), 2nd court Ranaghat, Nadia in Title Suit No. 78 of 2010. By the order impugned learned court below accepted local investigation Commission report provisionally and fixed the next date for hearing argument of the suit.

2. The brief background of the present case is that one Kumar Krishan Mondal since deceased, father of the petitioner and the original opposite party no. 1 (predecessor of present opposite parties) was the absolute owner of the land measuring about 8.25 decimal in plot no. 452 by way of deed of conveyance dated 24th August, 1955. The said opposite party no. 1, since deceased purchased 5 decimal of the land of the suit property out of said 8.25 decimal of the land from his father aforesaid Kumar Krishna Mondal by a registered deed dated 10.07.1969. Thereafter the said Kumar Krishna died intestate leaving behind legal heirs i.e. the plaintiff/opposite party no.1 herein, defendant/petitioner herein and another son Bimal Mondal and his widow and two daughters who jointly inherited the remaining 3.25 decimal of land of th