Calcutta High Court (Appellete Side)
Mrs. Sheela Chowdhury vs Sm. Renu Kona Mukherjee & Ors on 30 November, 2021
Author: I.P. Mukerji
Bench: I.P. Mukerji
3 30.11.2021 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION F.A.T. 494 of 2014 With CAN 1 of 2021 With CAN 2 of 2021 Mrs. Sheela Chowdhury Vs. Sm. Renu Kona Mukherjee & Ors. Mr. Subhajit Saha Mr. Aniket Chaudhury ... For the Appellant.
We see no reason to admit this appeal which has been lying in the records of this court from 2014.
The property in question was being held under the West Bengal Co-operative Societies Act, 2006. The partition and administration suit was rightly dismissed by the learned court below invoking Section 92(3) of the said Act which provided that such property was heritable and transferable but not partitionable.
We dismiss this appeal affirming the decree and order of the learned court below dated 30th April, 2014. The connected applications (CAN 1 of 2021+ CAN 2 of 2021) are also disposed of accordingly. S.D. We make it clear that we have not gone into any other question apart from the question of bar to the partition and administration of suit created by Section 2 92(3) of the said Act.
Any observation or finding made by the learned judge of the court below with regard to any matter not related to the above shall not be binding on the parties or upon any authority.
(I.P. Mukerji, J.) (Aniruddha Roy, J.) 3