AZIZA EKBAL KHATUN Vs. NARULA HASSAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS appeal is directed against the judgment and decree dated 9.2.1996 passed by a learned Single Judge of this Court in F.A.No. 443 of 1982. The said First Appeal was filed by defendant No. 1 challenging the judgment and decree passed by the learned Additional Subordinate Judge, Balasore in O.S.No. 101 of 1982 -i decreeing the suit and declaring the plaintiff's half share in the suit property and directing the partition of the suit property by metes and bound.'

(3.) ON going through the record, we find that the aforesaid stand taken by the learned Counsel for the appellant is correct. We also find from the record that the matter was heard on various misc. cases and various interim directions were passed and ultimately, the main appeal was heard by the learned Judge on 19.11.1990, 20.11.1990, 21.11.1990, 22.11.1990 and then on 27.11.1990. The appeal was virtually heard on a day to day basis arid on 27.11.1990, the judgment was reserved. Thereafter the same was delivered by the learned Single Judge after keeping it pending for a period of more than five years.