IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Chaitali Chatterjee (Das)

FA 2 of 2026

(FAT 33 of 2025)

with

IA No.: CAN 1 of 2026

Sri Sankar Chakraborty & Ors.

Vs.

Smt. Maya Bhattacherjee & Ors.

For the appellants : Mr. Kalipada Das, Advocate

Heard & Judgment on : January 13, 2026

DEBANGSU BASAK, J.:-

1. The first appeal is directed against the judgment and the preliminary

decree dated August 14, 2025 passed in Partition Suit No.11 of 2022.

2. Certified copy of the decree filed in Court be taken on record.

3. The report of the department that the appeal was not accompanied by the

certified copy of the impugned decree stands cured.

4. Appeal is on the basis that, the deceased father of the parties to the suit was not the owner of the suit property. In support of such contention, initially it is submitted that, the suit property involved was vested with the State. Later, it is submitted that, the record of rights of the suit property stood in the name of the deceased father of the parties to the suit.

5. A suit for partition was filed in respect of partition of immovable property.

The p