SUBRATA TALUKDAR, J. - (1.) This is an appeal challenging the judgment and order dated 26th April, 1984 in Title Appeal No. 42 of 1984 (for short TA 42/84) passed by the Ld. District Judge at Howrah remanding a partition suit back to the Ld. Trial Court with the direction for appointment of a new Partition Commissioner for partitioning the properties in terms of the preliminary decree.
(2.) The appellants are the plaintiffs in the suit being Title Suit No. 46 of 1977 for partition of suit properties comprising both 'bastu' and 'bazar' lands (hereinafter referred to only as 'bastu' and 'bazar' property respectively). The respondents in this appeal are the defendants in the suit.
(3.) By judgment and decree dated 29th April, 1978 the Ld. Trial Court, being the Court of the Second Subordinate Judge, Howrah, was pleased to decree the suit in preliminary form on contest against the defendants. While so decreeing the Ld. Trial Court declared that the plaintiffs possess one by sixth share in the suit property which were directed to be amicably partitioned within three months from the date of the decree.;