In the High Court At Calcutta

CIVIL APPELLATE JURISDICTION

CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Chaitali Chatterjee (Das)

FAT/18/2024

SMT. SUCHANDRA GHOSH

VS

SMT. SUPRIYA PAUL

For the Appellant :Mr. Bijay Bikram Das, Advocate

Mr. Deborshi Dhar, Advocate

Heard & Judgment on: January 8, 2026

Debangsu Basak, J.

1. Appeal is at the behest of a defendant in Title Suit No. 19 of 2021.

2. By the impugned judgment and order, learned trial Judge passed a

preliminary decree in a suit for partition. Learned trial Judge, by the impugned judgment and decree declared that the parties to the suit

are entitled to 50% share in the suit property.

3. Co-ordinate Bench referred the parties to mediation. Learned

mediator submitted a report stating that the mediation failed.

4. Learned advocate appearing for the appellant submits that, the

parties to the suit purchased an immovable property by a registered deed of conveyance. There was an oral agreement between the

parties to the suit that the defendant should be entitled to the entirety of the suit property.

5. Learned advocate appearing for the appellant submits that, due to the fault of the learned ad