(1.) This first appeal arises out of a preliminary decree passed in a partition suit filed by the plaintiff respondents. The learned trial Judge held that each of the plaintiffs has one-fourth share in the suit property. Though the learned trial Judge held that each of the three plaintiffs acquired one-fourth share in the suit property by way of inheritance, but, while passing the preliminary decree, the learned trial Judge erroneously declared that the plaintiffs do get a decree for partition in respect of the half share in the suit property. Parties were directed to partition the suit property by metes and bounds amicably as per their shares declared in the said preliminary decree within 90 days from the date of the decree, failing which, liberty was given to the parties to apply for final decree. The legality and/or the propriety of the said judgment and decree passed by the learned trial Judge has been challenged by the defendant/appellant in this appeal.
(2.) After filing this appeal, the defendant appellant has filed an application for stay praying for stay of all further proceedings of the suit being Title Suit No.97 of 2011 pending in the Court of the learned Civil Judge, Junior Divison, First Court at Bolpur. While considering the said application for stay, we find that the appeal is of such nature which can be decided immediately by dispensing with the requirement of filing paper book in this appeal and on the basis of the materials before us. All the parties are represented by their learned advocates before us. They also suggested for disposal of the appeal on merit. Accordingly, while considering this application for stay filed by the defendant appellant, we have considered the merit of the appeal. Parties were heard on the merit of this appeal.
(3.) Let us now discuss the short facts of this case leading to the filing of this appeal.