IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE BEFORE:

The Hon’ble Justice Soumen Sen And The Hon’ble Justice Smita Das De FA 113 of 2009 Gayatri Pal since deceased represented by Abul Hossain Vs.

Netai Nandi @ Netish Nandi & Ors.

For the Appellant : Mr. Rabindra Narayan Dutta, Adv., Mr. Sibasish Ghosh, Adv., Mr. Hare Krishna Halder, Adv., Mr. Partha Pratim Roy, Adv., Mr. Soham Banerjee, Adv.

For the Respondents : Mr. Sukanta Chakraborty, Adv., Mr. Subrata Mukherjee, Adv.

Hearing concluded on : 8th May, 2025 Judgment on : 23rd May, 2025 Soumen Sen, J :

1. The appeal is arising out of a judgment and decree dated

11th December, 2008 passed by the learned Civil Judge, Senior Division at Kandi in a partition suit filed by Netai Nandi & Ors. against Smt. Gayatri Pal & Ors. The learned Trial Court decreed the suit in preliminary form whereby it was declared that the plaintiffs and the defendant No.2 jointly had 2/3rd shares in the scheduled described property and the defendant No.1 has 1/3rd shares. The order provided that in the event no amicable arrangement is arrived at between the parties within the three months from the date of the decree the court will proceed