In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Uday Kumar F.A. No.89 of 2023 With CAN 1 of 2019 (Old No: CAN 158 of 2019)

CAN 9 of 2024 Smt. Shefali Mallick, since deceased, her legal heirs and representatives Smt. Laxmi Mallick and others Vs.

Durga Chakraborty (Rakshit), since deceased, her legal heirs and representatives Sri Krishnendu Chakraborty and others For the appellant : Mr. Prasad Bhattacharyya Mr. Prantick Ghosh For the respondent : Mr. Rahul Karmakar Mr. Sourav Guchhait Heard on : 20.02.2025, 27.02.2025

05.03.2025, Judgment on : 11.03.2025 Sabyasachi Bhattacharyya, J.:-

1. The present appeal has been preferred at the behest of the defendants in a suit for declaration that a partition deed dated April 7, 1997 is void ab initio, for declaration of the title and shares of the parties and for partition as well as consequential reliefs. The learned Trial Judge, while observing that the said deed of partition was void ab initio and as such the relief of declaration sought in respect thereof was superfluous, arrived at the conclusion that the suit was not barred by limitation on accoun