TARINI KANTA BORA Vs. HEM CHANDRA BORA

JUDGEMENT

(1.) Heard Mr. D. Mozumdar, the learned Senior Counsel, assisted by Mr. R. Sarma, appearing for the appellant and Mr. P. Sundi, the learned counsel appearing for the respondent No.1.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 01.10.2016 passed by the learned Munsiff, Kaliabor, in Title Execution Case No. 3(K)/2014, by which his prayer for the measurement of the suit land was rejected.

(3.) In the said execution proceeding, the Respondent No.1 is the Decree holder (hereinafter referred to as DH). The petitioner is the Judgment Debtor No.1 (hereinafter referred to as 'JD-1' for short). The Respondent No.2 is the Judgment Debtor No.2 (hereinafter referred to as 'JD-2' for short). The Respondent No.3 herein is the Proforma Judgment Debtor No.3, against whom no decree was passed. The parties are arrayed as per the execution proceeding. All the parties are brothers and they are the sons of Late Fatik Chandra Bora. The suit land was left behind by the father of the parties at the time of his death, which was inherited by his four sons. It is projected that during his lifetime, he had given to his daughters share in landed property, as such, they did not claim any share in the property situated at Jakhalabandha Town, which is inclusive of the suit land.