LAWS(CAL)-2010-7-102

PANKAJ KUMAR CHOWDHURY Vs. MANABENDRA KUMAR CHOWDHURY

Decided On July 26, 2010
PANKAJ KUMAR CHOWDHURY Appellant
V/S
MANABENDRA KUMAR CHOWDHURY Respondents

JUDGEMENT

(1.) Re: C. A. N. 10000 of 2009 This is an appeal against a preliminary decree passed in a partition suit. The learned trial judge decreed the partition suit and declared that the parties have 50% (fifty per cent.) shares each.

(2.) Having regard to the nature of the litigation and as the appellants were mislead by a clerk in obtaining certified copies of the judgement and decree, we hold that the appellants were prevented by sufficient cause from presenting the memorandum of appeal in time. The delay is, therefore, condoned. The application for condonation of delay stands allowed. The office is directed to register the appeal, if the appeal is otherwise in form. We direct the parties to bear their respective costs in this application. Re: F. A. T. No. 16 of 2009

(3.) Amarendra Kumar Chowdhury, the predecessor-in-interest of these appellants, and Manabendra Kumar Chowdhury, the plaintiff-respondent no. 1, jointly acquired the property-in- suit by a registered deed of sale dated July 19, 2005. They were admittedly in possession of the same.