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ARINDAM LODH
Amiya Prabha Roy – Appellant
Versus
On The Death of Late Monoranjan Roy, His Legal Heirs And Representatives – Respondent
JUDGMENT
1. Heard Mr. P.K. Dhar, learned senior counsel, assisted by Ms. S. Nag, learned counsel appearing for the appellants and Mr. H. Laskar, learned counsel appearing for the respondents.
2. This is an appeal under Section 97 read with Section 96 of the Code of Civil Procedure, 1908 against the final decree and order dated 28.03.2019, passed by learned Civil Judge(Senior Division), Court No.2, West Tripura, Agartala in Title Suit(Partition) No.112 of 1998.
3. The present appeal revolves around very short campus. The respondents No.1(b), 1(c), 1(d) and 2 had instituted a suit for partition against the defendants being the plaintiffs. There were as many as nine defendants when the suit was filed by late Monoranjan Roy, the predecessor of the said plaintiff-respondents. The present appellants, i.e. Smt. Amiya Prabha Roy and Sri Shyam Lal Roy were impleaded as defendants No.7 and 8 in the Title Suit. All the defendants had received notices issued upon them by the learned Court. Some of the defendants contested the suit.
4. Issues were framed and evidences were recorded. After conclusion of recording evidence, learned trial Court had heard the arguments of the contesting parties. Ther
Parties must raise objections during proceedings to ensure procedural fairness; failure to object undermines claims of prejudice in final decrees.
A preliminary decree in a partition suit crystallizes rights but does not finalize partition until a final decree is passed, allowing legislative changes to affect the final distribution.
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
The Court emphasized the need for proper measurement of plots as per sale deeds for partition and reiterated the position of law in respect of partition of immovable properties through the Court Comm....
The court upheld the partition and equitable distribution of property based on the Commissioner's report, emphasizing the importance of amicable resolution in family disputes.
An application under Article 227 challenging an order accepting a Partition Commissioner's Report is maintainable until a final decree is passed in the partition suit.
The first Appellate Court must address all issues and contentions raised by the parties and record findings supported by reasons on all issues and contentions.
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