IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Chaitali Chatterjee (Das)

F.A.T. 33 of 2024

Dipali Chakraborty & Ors.

Vs.

Purnima Chakraborty & Ors.

With

CAN 1 of 2024 CAN 2 of 2024

For the Appellants : Mr. Bapi Sarkar

Mr. Roumyadip Saha

For the Respondents : Mr. Bhaskar Roy Mahasaya

Ms. Taniya Bhowmik

Heard & Judgment on : January 8, 2026

Debangsu Basak, J.:-

1. Appeal and the connected applications are taken up for final hearing.

Attempt for mediation was made which did not succeed.

2. Appellants seek to prefer the appeal directed against a preliminary decree passed in a suit for partition. Preliminary decree was passed on May 23, 2011.

3. CAN 1 of 2024 is an application for condonation of delay while CAN 2 of

2024 is an application seeking stay of the proceedings.

4. Learned advocate appearing for the appellants submits that the appellants were seriously inconvenienced due to the death of the defendant no. 1 and thereafter due to the death of one of the son of the defendant no. 1 as also the son-in-law of the deceased defendant no. 1.

5. Learned advocate appearing for the appellants submits that,