MUZAFFAR ALAM SEKENDER Vs. MD. KHURSHED ALAM

JUDGEMENT

(1.) Heard Mr. D. R. Choudhury, learned counsel appearing for the revision-petitioner.

(2.) This revision petition arises from the order dated 10.12.2019 delivered in Ex(T) No.29 of 2016. Mr. Choudhury, learned counsel while challenging the order has submitted that the appointment of survey commissioner was prayed by the decree holder. On the basis of the said prayer by the impugned order dated 10.12.2019, the executing court has appointed the survey commissioner only for purpose of identifying the suit land and for assisting the bailiff during the execution of the decree.

(3.) According to Mr. Choudhury, learned counsel that the will and last testament left by the predecessor of the parties, namely Md. Kala Miah has not identified any land with specific boundaries in the said will. The share of the total land has been bequeathed by the testator. Since, there is no specific boundary, the survey commissioner ought to have been directed to assist the court in order to determine which part would go to the decree holder and the part which will go in the favour of the judgment-debtor.