MANAS KUMAR PATHAK Vs. RANJIT CHAKRABORTY

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for revision of the order dated 25.6.2003 passed by the Ld. Additional District Judge, 9th Court, Alipore, 24 parganas (South) in Misc. Appeal 578/2001 by way of setting aside the same.

(2.) The circumstances leading to the present application are that the present petitioner filed T.S. 163/2001 for declaration of title, partition & injunction in the Court of Ld. Civil Judge (Sr. Div.), Baruipur stating that Abani Bhusan Chakraborty, Palani Bala Devi, Bidhubhusan Chakraborty, Samit Kumar Basu and Kiran Basu are the recorded owners of undivided property, as described in the schedule.

(3.) Bidhubhusan & Palani are owners to the tune of 8 annas each in C.S. R.S. Khatian Nos. 1332, 2904 and 2905 of 'Kha' schedule property, but the name of Palani was erroneously recorded in the R.S. record as 16 annas owners is respect of the said Khatian 2904 and 2905. After the death of Bidhubhusan, his sister Deburani inherited his share, and on her death her son - the plaintiff & daughter Probha inherited her share, while after the death of Palani, O.P. Nos. 1 to 6 inherited her share. The petitioner's request for amicable partition failed. The O.Ps. are permitting inspection of, the disputed properties to various intending purchasers and hence the suit. Vide Order No. 8 dated 23.11.2001, the Ld. Civil Judge (Sr. Div.), Baruipur while allowing the application under Order 39 Rules 1 and 2 read with Sec. 151 C.P. Code directed the defendants not to change the nature & character of the property till disposal of the suit which was reversed in Misc. Appeal 578/2001 by the impugned order dated 25.6.2003. Being aggrieved by and dissatisfied with the said order, the plaintiff has preferred the present revision as petitioner.