AD-04

Ct No.16

17.11.2025

TN

SA 63 of 2024

IA No: CAN 2 of 2023

Riajuddin Mallik

Vs.

Sri Pranab Mahata and others

Ms. Usha Maity, Ms. Anita Khatri, Mr. Sakya Maity

…..for the appellant

Mr. Sukanta Das

….for the respondent nos. 9(a) to

9(f)/caveators

1. The present second appeal has been filed against a

judgment and decree whereby the first appellate court reversed the dismissal of a partition suit by the trial court and passed a preliminary decree therein. The

said suit was filed by the plaintiffs/respondents.

2. The learned Trial Judge dismissed the suit on several

grounds, primarily in view of the suit being barred by the principle of res judicata, since in a previous partition suit in respect of the self-same property, the present appellant had obtained a final decree which

allegedly had been executed in the year 2000.

3. Secondly, the learned Trial Judge proceeded on the

premise that the current suit was barred by Order XXI Rule 99 of the Code of Civil Procedure, in view of the plaintiffs/respondents herein having not raised the

question of their title and sought partition in the execution proceedings of the earlier suit.

4. Thirdly, the suit was dismissed on the ground that the same was barred by l