SUBHASH CHOUDHURY Vs. CHANCHAL CHOUDHURY

JUDGEMENT

(1.) Heard Mr. D. Bhattacharya, learned senior counsel assisted by Mr. Samar Das, learned counsel appearing for the appellant-petitioners. Also heard Mr. P. Chakraborty, learned counsel for the respondents no. 1 and 2 and Mr. DC Saha, learned counsel for the respondents no. 3 to 6.

(2.) The short question involves in this second appeal, as raised by Mr. D. Bhattacharya, learned senior counsel is that, whether the survey Commissioner has the right to allot the land amongst the co-sharers while executing the terms of the preliminary decree.

(3.) Mr. D. Bhattacharya, learned senior counsel has submitted that without writ of the court, the survey Commissioner has no right to allot the land in favour of any of the co-sharers.