Disposed

Mahamaya Dhara and Ors. v. Shankar Dhara and Ors.

Calcutta HC24 Nov 2022FMA/805/2022

Case brief

AI extract

What is this about?

This court disposed of the appeal and application by appointing a Special Officer to ascertain the status quo of possession via a sketch map. The court maintained the status quo pending the suit's outcome, permitted a potential fresh application for construction funds by the defendants, and directed the lower court to pass the final decree of partition within one year.

What did the court decide?

Appointment of Special Officer to determine status quo; status quo to be maintained; direction to lower court to pass final decree of partition within one year.

Mahamaya Dhara and Ors. Vs Shankar Dhara and Ors. — Partition | Calcutta HC (2022)

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24.11.2022 Sl.No. 37 Ct.No.3 Amalranjan

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IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE

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FMA 805 of 2022 With CAN/1/2022

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Mahamaya Dhara & Ors. Vs. Shankar Dhara & Ors.

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Mr. Sukanta Chakraborty Mr. Sk. Zubair Ahmed

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…for the plaintiffs/appellants

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Mr. Sunny Nandy Mr. Aditya Mondal Mr. Subha Pathak

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…for the defendants/respondents

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We formally admit the appeal.

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We are in a position to dispose of it dispensing with all formalities.

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Mr. Dipak Chowdhury, Advocate, Bar Association, Room No. 9 Mobile No. 7044802870 is appointed as Special Officer at an initial remuneration of 1,500 G.M.s to be paid by the parties, sharing the remuneration equally (plaintiffs together one share, defendants together one share).

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Further remuneration of the Special Officer shall be determined and directed to be paid by the court below. He shall immediately visit the suit property, determine the status quo with regard to possession by the parties and indicate the same in a sketch map prepared by him or

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under his direction. A report along with the sketch map as an annexure to it shall be filed in the learned court below by 7^th December, 2022.

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The parties shall strictly maintain this status quo, till the suit is disposed of or until further order, whichever is earlier.

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However, this order will not prevent the defendants from making a fresh application before the learned court below, stating the sum or grant they have received from the local Panchayat for constructing a residential accommodation, the terms and conditions of that grant, its utilisation etc. The court shall then pass a reasoned order permitting or refusing to permit the defendants from making construction in a part of the suit property of which they are in possession using that fund.

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Such application, if filed, may be disposed of within six weeks thereafter.

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We request the learned court below to dispose of the suit pronouncing a final decree of partition within one year of communication of this order.

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The appeal and application are disposed of.

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( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )

Mahamaya Dhara and Ors. v. Shankar Dhara and Ors.

Case brief

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Mahamaya Dhara and Ors. v. Shankar Dhara and Ors.

Case brief

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What the court decided

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