Calcutta High Court
Smt. Lila Mukul Biswas vs Dilip Kumar Biswas on 21 December, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER
GA No. 2821 of 2018
CS No. 227 of 1974
GA No. 3463 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SMT. LILA MUKUL BISWAS
Versus
DILIP KUMAR BISWAS
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 21st December, 2018.
Appearance:
Mr. S. N. Mitra, Sr. Advocate Mr. Sayantan Bose, Advocate Ms. Madhurima Das, Advocate ...for the plaintiff.
Mr. Meghnad Dutta, Advocate Mr. S. Rudra, Advocate ...for the defendant.
The objection of the applicants in GA No. 3463 of 2018, as rightly pointed by Mr. S. N. Mitra, learned senior counsel appearing on behalf of the plaintiff, is restricted to 710 sq.ft plus 120 sq.ft. on the 2nd floor of Municipal Premises No. 23, Dr. Kartik Bose Street, Kolkata - 700009. Since the report relates to other portions of the said property over which the applicants have no claim, the advocate-commissioner with the assistant of the chartered engineer shall effect partition of the ground and first floors of the premises in question in terms of the report filed by the chartered engineer in court.2
The remuneration of the chartered engineer in carrying out this direction shall be borne by the plaintiff at the first instance.
By consent of the parties, GA No. 3463 of 2018 shall be treated as an affidavit in opposition of Tani Biswas and Debnjan Biswas to GA No. 2821 of 2018. Reply thereto, if any, may be filed by the plaintiff within two weeks after the Christmas vacation. The matter shall appear under the heading 'Chamber Applications for Final Disposal' on 22nd January 2019, preferably at the top.
(SOUMEN SEN, J.) S. Kumar