Calcutta High Court
Kedar Nath Sen vs Smt. Sulekha Sen & Ors on 22 February, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
GA No.3145 of 2009
CS No.2 of 1996
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
IN THE MATTER OF:-
KEDAR NATH SEN
Versus
SMT. SULEKHA SEN & ORS.
For Plaintiff :MR.TAPAN COOMAAR DEY,ADVOCATE.
For Defendant Nos.1,2 & 3 :MR.ARINDAM MUKHERJEE, ADVOCATE.
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA
Date : 22 February 2010.
The Court :-This is an application for preliminary decree for partition and appointment of a Commissioner of Partition and Valuer for framing a Scheme for Valuation and Partition of the Joint Immovable properties being the Premises No.16, Sankar Haldar Lane, P.S. Jorabagan, Kolkata-700005 and Premises No.20B, Sankar Halder Lane, P.S. Jorabagan, Kolkata- 700005. The respective shares of the parties (1/3rd each) are admitted by the plaintiff, defendant Nos.1 to 3 and defendant Nos.4(a) to 4(b). Besides, the parties have no objection to the declaration of their respective shares in the immovable properties and partition by metes and bounds.
Hence there will be an order in terms of prayers (a) and (b) of the Notice of Motion. The defendant Nos.1, 2 and 3 will be at liberty to continue the repair work as undertaken by them in the portion under their occupation in terms of the earlier orders of this Court during the pendency of the valuation and partition to which the plaintiff and the defendants will have no objection.
2
Mr.Somen Bose, learned Advocate (Bar Association Room No.3) is appointed as Commissioner of Partition who can take the assistance of a registered Chartered Engineer and Valuer Mr.P.K.Chatterjee, an empanelled valuer for the above purpose. The Commissioner will ascertain the fees payable to the Engineer concerned. Such fees will be paid by the plaintiff at the first instance. The Advocates-on-record of both the parties shall assist the Commissioner of Partition without remuneration. The Commissioner of Partition and Valuer are directed to submit their respective reports within four months from date.
Needless to mention, the Commissioner of Partition will do all things necessary to effectively implement this order. The initial remuneration of the Commissioner is fixed at Rs.15,000/-and such fees shall be paid to the Commissioner by the parties in equal share by 31 March 2010.
All parties including the Commissioner of Partition are to act on xerox signed copy of this order on the usual undertakings.
(MAHARAJ SINHA, J.) nm/ 3