Skip to content


Swapna Bhattacharjee Vs. Sambhunath Dutta and ors. - Court Judgment

SooperKanoon Citation

Court

Kolkata High Court

Decided On

Judge

Appellant

Swapna Bhattacharjee

Respondent

Sambhunath Dutta and ors.

Excerpt:


.....copies to the parties. [e].thereafter, the parties will be at liberty to take steps to obtain a final decree for partition of the subject premises; [f].the defendants will immediately reimburs.the advocate on record for the plaintiff of the outstanding defendants’ share of remuneration and bear their share of the remuneration, in future. [g].each of the parties is restrained from transferring, encumbering or deal with the subject property till passing of the final decree. the allegations contained in the petition are deemed not to be admitted, as affidavits were not invited. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (i. pkd.p.mukerji, j.) asstt. registrar [c.r.].

Judgment:


ORDER

SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA NO.325 OF 201.WITH CS NO.229 OF 201.SWAPNA BHATTACHARJEE Versus SAMBHUNATH DUTTA & ORS.……… GA NO.427 OF 201.WITH CS NO.229 OF 201.SWAPNA BHATTACHARJEE Versus SAMBHUNATH DUTTA & ORS.……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :

26. h February, 2013.

Mr.R.N.Chakraborty, Mr.J.Mondal…appear.

Mr.D.Ghosh, Mr.P.K.Nandi, Mr.S.N.Nag…appear.

The Court : Both these applications are disposed of by the following order : [a].The plaintiff will withdraw the suit filed by her [TS No.1735 of 2010].before the learned City Civil Court at Calcutta within two weeks from date; [b].Within the aforesaid period, the Joint Commissioners of Partition will arrange for a joint inspection of the premises by the parties, in the presence of the Joint Receivers and the Valuer/Surveyor for the purpose of confirming the measurements mentioned in the report of the Joint Commissioners of Partition.

These measurements have been doubted by the defendants in this application.

[c].If the findings in the report can be confirmed, that report will be filed in this Court within ten days of such inspection.

[d].If there is discrepancy in any measurement, then a fresh report will be filed by the Joint Receivers within the said period of ten days of inspection, with copies to the parties.

[e].Thereafter, the parties will be at liberty to take steps to obtain a final decree for partition of the subject premises; [f].The defendants will immediately reimbuRs.the advocate on record for the plaintiff of the outstanding defendants’ share of remuneration and bear their share of the remuneration, in future.

[g].Each of the parties is restrained from transferring, encumbering or deal with the subject property till passing of the final decree.

The allegations contained in the petition are deemed not to be admitted, as affidavits were not invited.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.

(I.

Pkd.P.MUKERJI, J.) Asstt.

Registrar [C.R.].




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //