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2025 Supreme(Online)(Cal) 4505

CALCUTTA HIGH COURT
JAGADISH CHANDRA MISHRA – Appellant
Versus
BISHNUPRIYA MISHRA AND ORS – Respondent


IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O.1148 of 2022 Jagadish Chandra Mishra VS.

Smt. Bishnupriya Mishra & Ors.

For the petitioner :Mr. Tanmoy Mukherjee, Adv.

Mr. Kallol Kumar Maity, Adv.

Last Heard On :13.03.2025 Judgement On :21.03.2025 Bibhas Ranjan De, J. :

1. Challenge of this revision application is the judgement and order dated 29.08.2019 passed by Ld. Additional District Judge, 1st Court, Paschim Midnapure in connection with Misc. Appeal no. 09 of 2017 whereby Ld. Appellate Court set aside the order no. 106 dated 12.01.2017 passed by Ld. Civil Judge, Senior Division, 1st Court, Paschim Midnapore in Judicial Misc. Case (for short J. Misc.) no. 04 of 2005, wherein Ld. Trial Judge set aside the final decree of partition dated 31.01.2003 on compromise in Title Suit no. 167 of 2002.

2. To cut a long story short, original owner of the suit property in respect of Title suit no. 167 of 2002, was one Kailash Mishra. After demise of said Kailsh Mishra his four sons namely Kartick Bhupati, Rajendra and Surendra affected one partition on 22nd Sraban, 1339 BS by executing a memo of partition. Surendra, one of the brothers, died intestate in the year 193

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