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2017 Supreme(Tri) 60

T.VAIPHEI
Surjya Kumar Deb, S/o. Late Girendra Chandra Deb – Appellant
Versus
Dulal Deb, S/o. Late Rajkumar Deb – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.G. Chakraborty, Advocate.
For the Respondents:Mr. B.N. Majumder, Mr. R. Saha, Advocate.

JUDGMENT & ORDER :

The sole question which falls for consideration in this civil revision is, whether the learned Civil Judge (Junior Division), Sonamura, West Tripura is correct in rejecting the application of the petitioner for filing written objection against the application of the respondent No.1 for appointing a survey commissioner for identifying the individual shares of the parties by metes and bounds so as to facilitate the passing of the final decree.

2. The facts, which are material for disposal of the civil revision, are not in dispute. The first appellate court set aside the judgment of the trial court dismissing the suit of the petitioner and decreed as follows:

“The appeal is allowed on contest without cost. Consequently, the judgment passed by the Ld. Trial Court in T.S.(P) No.02/2009 is set aside and reversed, i.e. preliminary decree is passed in T.S.(P) No.02/2009 declaring 1/7th share of each of the plaintiffs and principal defendants by metes and bounds provided that the land measuring 0.60 acre be shown against the share of the plaintiff No.2 (Smti. Nihar Bala Deb).

The parties are to make amicable partition of the suit land within 3 months from the date of present







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