SAMIR KUMAR NAG Vs. SANKHA NATH DAW

JUDGEMENT

(1.) CS 887 of 1965 and CS 1044 of 1965 are taken up together for passing analogous order. Both the aforesaid suits were consolidated vide preliminary decree dtd. 8/7/1975.

(2.) The suit properties involved were premises no. 12, Raja Raj Ballav Street, Kolkata - 700003; 70A, Beniatola Street, Koklata - 700005 and shop rooms in premises no. 148, Old China Bazar Street, Kolkata -700001 and 149, Old China Bazar Street, Kolkata - 700001. Receiver and Commissioner of Partition was appointed after passing of preliminary decree by Co-ordinate Bench. The properties were sold pursuant to the order of this Court passed by a Co-ordinate Bench. Sale proceeds were kept in a separate bank account and were distributed among the parties according to their proportionate shares by the Receiver and Commissioner of Partition after defraying expenses and liabilities. This was done in terms of agreement of the parties in a meeting conducted by the Receiver and Commissioner of Partition. Minutes of the meeting is annexed to the Report.

(3.) The Receiver cum Commissioner of Partition filed the Final Report dtd. 26/2/2024 which may be taken into the record.