Form No. J(2)

In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’be Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Biswaroop Chowdhury F.M.A.T. 212 of 2025 IA No: CAN 1 of 2025 Sri Madan Bera Vs.

Mahadeb Bera and others For the appellant : Mr. Siddhartha Sarkar Mr. Sourav Gupta For the respondent no. 1 : Mr. Tanmoy Mukherjee Mr. Rudranil Das Heard on : 07.05.2026 Judgment on : 07.05.2026 Sabyasachi Bhattacharyya, J.:-

1. In view of our previous direction, the appeal itself is taken up for hearing along with the application.

2. In a partition suit filed by the plaintiff/respondent, initially a status quo order was passed, which was made absolute by the impugned order dated March 29, 2025.

3. In his written objection, the defendant no.1/appellant categorically pointed out that the suit was bad for non-joinder of necessary parties, being the three daughters of the original owner Satya Bera, who is the predecessor-in-interest of the parties.

4. Learned counsel for the appellant argues that the said point was glossed over by the learned Trial Judge in passing the order of status quo.

5. Learned counsel appearing for the plaintiff/respondent su