PRASANTA KUMAR DEKA
Amitabha Ghosh – Appellant
Versus
Kasturi Lahiri – Respondent
1. Heard Mr. N Dhar, learned counsel for the petitioners. Also heard Mr. MK Choudhury, learned senior counsel assisted by Mr. A Barkataki, learned counsel for the respondent.
2. In this revision petition, order dated 14.06.2017 passed by the learned Civil Judge No. 2, Kamrup (M) at Guwahati in Misc. (J) Case No. 830/2016 arising out of Title Suit No. 368/2016 is challenged. The sole plaintiff/ respondent filed the Title Suit No. 368/2016 against the defendants/ petitioners for the following reliefs:-
(1) Declaring and determining the rights, title and interest of the plaintiff and the defendants No. 1, 2 and 3 in respect of the share of each of the plaintiff and the defendants of the Schedule-A to D properties in to four equal shares by metes and bounds;
(2) Partition of the Schedule-A to D properties by metes and bounds as provided under Section 54 and Order XX Rule 18 of the Code of Civil Procedure, 1908 and give separate and specific possession to the plaintiff of her share both in the land and houses standing thereon and the businesses;
(3) Declare that the Schedule – A property is a part of the composite property exclusively owned by Late Benoy Kumar Ghosh and
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