SWAPNA ROY Vs. AJIT KUMAR ROY

JUDGEMENT

(1.) Heard T. K. Deb, learned counsel assisted by Mr. A. K. Deb, learned counsel appearing for the appellants. Also heard Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. A. Pal, learned counsel appearing for the respondents.

(2.) During the course of argument, learned counsel appearing for the appellants upon instructions has submitted that he is not pressing the present appeal for the other appellants except the appellant No.1 and 2 i.e. Smti. Swapna Roy (Karmakar) and Sri Suraj Karmakar. Accordingly, the present appeal insofar as the other appellants i.e. Sri Ajit Kumar Roy, appellant-respondent No.1, Sri Babul Roy, appellant-respondent No.2, Sri Ajay Roy, appellanbt-respondent-3, Sri Prabodh Chandra Roy, appellant-respondent No.4, Sri Apu Roy, appellant No.3, Mrs. Rekha Roy, appellant No.4, Smti. Titu Roy, appellant No.5, Smti. Mithu Roy, appellant No.6, Sri Pritam Chanda, appellant No.8, Smti. Uma Roy, appellant No.9 and Smti. Rama Roy (Das), appellant No.10 stands dismissed as not pressed.

(3.) This is an appeal under Sec. 100 of the CPC read with Sec. -151 of the CPC for setting aside the judgment and decree dtd. 2/12/2019 and 16/12/2019 respectively passed by the learned District Judge, West Tripura District, Agartala in connection with Title Appeal No.53 of 2011 arising out of the judgment and decree dtd. 29/8/2010 passed by the learned Civil Judge, Jr. Division, Court No.2, Agartala in Title Suit (Partition) 61 of 2006. At the time of admitting the appeal, the following substantial question of law was formulated by this Court: