IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Before:

The Hon’ble Justice Soumen Sen

and

The Hon’ble Justice Apurba Sinha Ray

FAT No. 310 of 2012 Sri Dilip Saha & Anr.

Vs.

Smt. Pratima Biswas & Ors.

For the Appellants : Mr. Partha Sarathi Bhattacharyya, Sr. Adv.,

Mr. Raju Bhattacharyya, Adv.

For the Respondents : Mr. Ramkrishna Bhattacharyya, Adv.

Mr. Kaushik Choudhury, Adv.

CAV On : 06.08.2025 Judgment On : 18.08.2025

Apurba Sinha Ray, J. :-

1. Being aggrieved by and dissatisfied with the judgment and decree dated 31.03.2012 passed by the Learned Civil Judge, Senior Division, Raiganj, Uttar Dinajpur in Partition Suit No. 20 of 2008 the appellants have preferred the present appeal on the grounds, inter alia, the share of the respective parties in the suit for partition had not been taken into

consideration and had not been included in the schedule of the property. Further, the property comprised in Khatian No. 1233, R.S Plot No. 2524 of Mouza – Mohanbati was not brought into common hotchpots. The declaration of the plaintiff’s share in the property to the extent of 7/12^th is erroneous and cannot be sustained. Other co-sharers who are entitled to share in the property by