RADHA RANI RAY Vs. GAUTAM PAUL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging order No.5 dated 6th of October, 2010 passed by learned Additional District Judge, in-charge, First Fast Track Court at Sealdah, District 24 Parganas (South) in Misc. Appeal No.82 of 2010 arising out of order dated 13th of September, 2010 passed in Misc. Case No.25 of 2006 which in turn arose out of Title Execution Case No.3 of 2004.

(2.) This application has a very checkered background which may be summarized as follows:-

(3.) Being aggrieved the plaintiff and her mother preferred First Appeal being F. A. No.152 of 1993 in the Hon'ble High Court at Calcutta. The High Court allowed the appeal in part permitting the petitioner to buy up share of the O. P. defendant to the extent of undivided 1/9th share under Section 4 of the Partition Act by declaring the defendant as a stranger purchaser of undivided 1/9th share of co-sharer Bivabati Paul, by a judgment dated 11th of September, 1998.