ANANDA CHANDRA BASAK Vs. GOURI MAPDAR & ORS

JUDGEMENT

(1.) An order was passed on 25th September, 2018. All the respondents appeared before us Patherya and Biswajit Basu, JJ. On that day none appeared on behalf of the appellant. The appearing respondents on 25th September, 2018 categorically stated that they are willing to accept the preliminary decree and therefore the personal appearance was dispensed with. This day the appellant is before us and he has candidly either through himself or through his counsel has submitted that he is ready and willing to negotiate and settle the issues with the original plaintiffs, proforma defendant no. 7 and defendant nos. 2, 3, 4, 5 and 6 as arrayed in T.S. Case No. 116 of 2014. The grounds set out in the memorandum of appeal too as we find are totally baseless. By way of example the appellant has canvassed a ground that as his father had borne marriage expense of the sisters therefore the preliminary decree in their favour could not have been passed. In this age and era this issue cannot be supported therefore the appeal cannot be allowed, and the preliminary decree dated 31st August, 2016 passed by the Court below is upheld.

(2.) As the Partition Commissioner has been appointed and also undertaken work to part the shares of the parties mentioned above, let the work undertaken be completed and final report be placed before the Court below. Although the Commissioner was to complete the work within 90 days, let the said time be extended by two months from the date of receipt of this order passed today.

(3.) It is made clear that the Commissioner at his meetings will call the appellant so also all other parties or their representatives before the final report is passed. It is only to ensure that the principle of natural justice is done and none of the party can complain that no hearing was given to him. Further it is also made clear that in the event the appellant is ready and willing to negotiate and settle the shares of his sisters or the legal heirs and representatives of the Late Gobinda Chandra Basak, the parties will be at liberty to do so.