S.C.DAS
Nitish Ranjan Debroy – Appellant
Versus
Subrata Chatterjee – Respondent
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This is a petition under Article 227 of the Constitution of India seeking quashing of order dated 26.03.2015 passed by learned Civil Judge, Senior Division, Kailashahar, under Unakoti Judicial District passed in Case No.T.S. 06 of 1986.
2. Lower Court records received.
3. Heard learned senior counsel, Mr. A. K. Bhowmik, assisted by learned counsel, Mr. R. Datta for the petitioners and learned counsel, Mr. G. K. Nama on behalf of respondent Nos.1 to 4 and learned counsel, Mr. D.C. Roy on behalf of respondent No.5.
4. Undisputed rather admitted facts are that T.S. No.06 of 1986(a suit for partition) instituted by predecessor of respondent Nos.1 to 4 against the predecessors of the present petitioners, was decreed by judgment and decree dated 16.09.1999 passed by learned Civil Judge, Senior Division, Kailashahar, North Tripura. The operative part of the judgment, which was reflected in the decree, reads as follows:-
“6. In view of the discussion made above, I am of the opinion that T.S. 10/84 should be dismissed on contest without cost and T.S. 6/86 should be decreed in favour of Dipankan Chatterjee and others for partition of the shares came to them by Ext. ‘D’ to the extent to
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