NIRMALENDU KARMAKAR Vs. RATHINDRA NATH KARMAKAR

JUDGEMENT

(1.) Legality and propriety of the judgment and decree dtd. 19/4/2018 passed by the learned Civil Judge, Senior Division, 2nd Court, Barasat, North 24 Parganas are under challenge in this appeal.

(2.) By the judgment and decree impugned, the suit for partition was decreed in preliminary form and parties to the suit were declared to be the owners of 1/3rd share each in the suit property and counter-claim filed by the defendant no.1 was dismissed.

(3.) Capsulated form of the facts leading to this appeal is that plaintiff filed one suit for partition and separate possession in respect of the suit property. Facts depicted in the plaint, in brief, are as follows: