PROBODH CHANDRA BANERJEE Vs. SABITA MUKHERJEE

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against the order No.153 dated April 26, 2005 passed by Shri O.S. Rahaman learned Civil Judge (Senior Division), 7th Court, Alipore, in Title Suit No.143 of 1989 wherein learned Court was pleased to reject the report filed by learned Commissioner of partition on 10th of July, 2000.

(2.) Being aggrieved and dissatisfied with the impugned order dated 26th April, 2005 the original defendant Nos. 4 and 6 to 9 filed this revisional application against original plaintiff and other defendants of the suit. During pendency of this revisional application some of the parties died resulting substitution of their legal heirs. It is a case of the present petitioners that at the instance of O.P. No.1 plaintiff the said Partition Suit being Title Appeal No.143 of 1989 was initiated resulting passing of a preliminary decree on ascertaining shares of the respective parties and that by order No.45 dated 22.09.1997 a Partition Commissioner Shri Gour Mohan Show was appointed and that the said Partition Commissioner submitted his report dated 10th of July 2000 and that opposite parties 4 to 6 (defendant 3 series) and plaintiff No.1 filed their separate written objections against the said report of learned Partition Commissioner and that the present petitioners filed written objection against those objections and that after contesting hearing learned Trial Court was pleased to reject the said report of learned Partition Commissioner without any just cause and the impugned order suffers from material irregularity and the learned Trial Court failed to exercise jurisdiction so vested in him by law and accordingly the present revisional application under Article 227 of the Constitution of India has been filed praying for setting aside the impugned order dated 26th April, 2005.

(3.) Admittedly, learned Trial Court passed a preliminary decree of partition vide judgment dated 27th May, 1993 and that a survey passed Partition Commissioner was appointed vide order dated 22nd of September, 1997 and that learned Partition Commissioner submitted his report on 10th of July, 2000.