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2015 Supreme(Online)(Gau) 44

TRIPURA HIGH COURT
Judge Name, J
Anjali Deb and Others v. Jitendra Chandra Deb and Others


Advocates:
For the Appellants/Petitioners:Advocate Name
For the Respondents:Advocate Name

1. This petition under Art.227 of the Constitution of India is directed against the order dated 12.03.2014 passed by the learned Civil Judge (Sr. Div), Court No. 2, West Tripura, Agartala whereby he allowed the application filed by the plaintiff and appointed survey commissioner in the matter.

2. Briefly stated the facts of the case are that the plaintiff Jitendra Chandra Deb filed a suit for partition of the suit land mentioned in the schedule of the suit. This suit was contested and by judgment dated 12.03.1998, the suit of the plaintiff was decreed and it was held that the plaintiff and defendants 1 to 3 have 1/5 share of the suit property and defendants 4 to 11 jointly owned the remaining 1/5 share in the suit property. Thereafter, the plaintiff filed an application for preparation of final decree. This application was dismissed as not pressed on 21.08.2000. The order reads as follows:
'Plaintiff by a petition prays for time on the ground stated in the petition.
Ld. Advocate for the Defdt. is present.
Heard and considered.
Time prayer is allowed.
Fix for payment of S/C fees by pltf. & direction.
Later on Ld. advocate for the pltf. Appeared & submits that he does not press for the




























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