SUKUMAR BHATTACHARYYA Vs. PRAN KUMAR BHATTACHARYYA AND OTHERS

JUDGEMENT

(1.) This is an application by the plaintiff in a Partition and Administration Suit. He seeks enforcement of a consent decree of partition, which was passed by this Court on 19th December, 2007 according to a Terms of Settlement duly signed by the parties and their Advocates-on-record. By 'parties' I mean co-owners of the properties, which were the subject matter of the consent decree. By this consent decree each of the properties was divided into three lots. Three properties are the subject matter of this application. They are the properties situated at Rafi Ahmed Kidwai Road, Kolkata, Kurseong and Ghoom in Darjeeling district.

(2.) Mr. Saha appearing for the first defendant opposes this application. Mr. Das, moving this application is supported by the second defendant group.

(3.) It appears from the records that being aggrieved by the consent decree the first defendant preferred an appeal before a Division Bench of our Court. The appeal is pending. It appears from the submissions made before me that the appeal is only with regard to a part of the decree, that is the Rafi Ahmed Kidwai Road property in Kolkata.