DEB RANJAN MALLICK Vs. ASHOKE KUMAR MALLICK

JUDGEMENT

(1.) The instant miscellaneous appeal has been preferred by the appellant/defendant being aggrieved by and dissatisfied with the Judgment and decree dtd. 6/3/2017 passed by the Ld. Additional District Judge, 1st Court Hooghly, in Title Appeal No. 22 of 2016.

(2.) Through the impugned judgment the Ld. First Appellate Court has passed an order to the effect that the title appeal be and the same is allowed on contest without cost thereby setting aside the judgment and decree dtd. 16/1/2016 passed by the Ld. Civil Judge (Sr. Divn.), 1st Court, Hooghly passed in Title Suit No. 384/1995. Through the said order the suit has been remanded back to the Ld. Trial Court with the direction to hold partition commission only on the point of construction of a separate septic tank and drain by the respondent to discharge the foul water generated from the allotted portion of the respondent and if necessary to award owelty to the affected party for such relocation and construction of septic tank and drain.

(3.) Facts before the Trial Court The instant lis involves partition of the suit property. The plaintiff Ashoke Kumar Mallick who is the respondent herein has instituted the instant lis in the year 1995 against the defendants namely Hukum Chand Mallick , Smt. Jyotsna Mallick, Smt. Aparna Mallick and Debranjan Mallick who is the appellant herein. After adjudication, preliminary decree was passed by the Ld. Trial Court declaring that the plaintiff namely Ashoke Kumar Mallick has 1/2 share in the suit property while the defendant No.1 namely Hukum Chand Mallick has share and the remaining defendants namely Smt. Jyotsna Mallick, Debranjan Mallick and Smt. Aparna Mallick altogether have share in the suit property.