Shiw Kumar Gupta vs Prithiraj Gupta & Anr

Debangsu Basak, J

The Court : In a suit for partition, the defendant no. 2 applies for part decree in respect of the Premises No. 13A, Sikdarpara Lane, Kolkata- 700007 and Premises No. AA/1/6, Desbandhunagar, Baguihati, Kolkata-700059.

Learned Advocate appearing for the defendant no. 2 submits that, in the suit for partition, which involves various immovable properties, a Commissioner of Partition was appointed after the shares of the respective parties being declared. The Commissioner of Partition submitted a report which was accepted by the Court. The parties acted in terms of the report of the Commissioner of Partition. In terms of such report, Premises No. 13A, Sikdarpara Lane, Kolkata-700007 stands allotted in favour of the defendant no. 2 solely and absolutely. Likewise, Premises No. AA/1/6, Desbandhunagar, Baguihati, Kolkata-700059 stands allotted to the plaintiff solely and absolutely. He submits that, owelty money is exchanged between the parties. Therefore, since the property stands partitioned by metes and bounds in terms of the report of the Commissioner of Partition as accepted, there is no impediment in part decree being passed in terms of the prayers of this application.

Learned Advocate appearing for the defendant no. 1 submits that, there is one more property involved in the suit for partition. He, however, is not in a position to place anything to the contrary before Court as submitted on behalf of the defendant no. 2.

Learned Advocate appearing for the plaintiff accepts that, the order as prayed for in terms of prayers (a) and (b) of the application be granted.

Since the shares of the parties to the suit for partition were declared in the report of the Commissioner of Partition appointed, with such Commissioner of Partition submitting a report which was accepted by the parties and Court, and the parties having acted in terms thereon, it would be appropriate to grant orders in terms of prayers (a) and (b) of this application. In terms of the report of the Commissioner of Partition, Premises No. 13A, Sikdarpara Lane, Kolkata- 700007 stands allotted to the defendant no. 2 solely and absolutely. Likewise, Premises No. AA/1/6, Desbandhunagar, Baguihati, Kolkata-700059 stands allotted to the plaintiff solely and absolutely.

The parties have exchanged the owelty money in respect of the properties concerned in term of the report of the Commissioner of Partition.

The department will draw up the decree as expeditiously as possible. Learned Advocates appearing for the plaintiff and the defendant no. 2 prays jointly that, the parties may be permitted to apply for mutation of the respective properties in terms of this decree before the authorities concerned.

Such prayer being reasonable is accepted. The plaintiff and the defendant no. 2 are at liberty to apply for mutation with the appropriate authorities in respect of the properties so allotted to them in this suit, in accordance with law.

Old G.A. No. 2645 of 2019, new G.A. No. 18 of 2019 in C.S. No. 127 of 1996 is disposed of without any order as to costs.