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S. TALAPATRA
Sahadeb Ghosh, son of late Nibaran Chandra Ghosh – Appellant
Versus
Valabasa Ghosh, wife of late Nibaran Ch. Ghosh – Respondent
This is an appeal under Section 100 of the CPC from the judgment dated 07.05.2013 delivered in T.A. No.14 of 2012 by the District Judge, South Tripura, Udaipur [as he then was]. By the said judgment, the judgment dated 28.04.2012 delivered in T.S.33(P) of 2010 by the Civil Judge, Sr. Division, South Tripura, Udaipur [as he then was] has been reversed and the suit instituted by the appellant being T.S.33(P) of 2010 for partition, declaration of the will as manufactured and inoperative and mean profit has been dismissed holding that the plaintiff-appellant is not entitled to the decree for partition as prayed for, as he had no existing right over the suit property. There was an attempt to explore an amicable settlement of the dispute which exists between the siblings, cousin and their mother but that has failed.
2. Briefly stated the relevant fact is that the appellant filed the suit. The plaintiff and the respondents No.2 and 4 are siblings, whereas the respondent No.1 is the widow of the predecessor and mother of the plaintiff and respondent No.4. The property in question has been left by Nibaran Ch. Ghosh, the father of the plaintiff and the respondents No.2 to 4
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