PAYAL BARAT Vs. SARMILA SEN

JUDGEMENT

(1.) Challenge is to the Order No.38 dated May 2, 2013 passed by the learned First Civil Judge (Senior Division), Alipore in Title Suit No.15 of 2010.

(2.) The matter in dispute is with regard to the valuation as assessed by the Valuer appointed in the suit in respect of a flat situated at 8/2A, Alipore Park Road under P.S. Alipore, Calcutta-700027. Such valuation is required to be determined for effecting partition according to the decree. The Valuer has determined by the valuation of the flat in question to the tune of Rs.56 lakh, but, being aggrieved by such valuation, the defendant/petitioner herein has filed this application.

(3.) Having due regard to the submission of the learned Advocates of both the sides and on perusal of the materials on record, I find that a report from the Office of the Registrar of Assurance, Calcutta has been obtained, which shows that the present market value of the flat in question is to the tune of Rs.1,23,44,400/- as on September 15, 2012.