MOUSHUMI BHATTACHARYA,J. - (1.) The defendant no.10 in the instant suit prays for a final decree in the instant suit in terms of a Report dated 20th December 2017 filed by the learned Commissioner of Partition, who was appointed by way of a preliminary decree dated 20th April, 2005.
(2.) The instant suit is one for declaration that the plaintiff is entitled to 1/4th share in the premises No. 46 Shakespeare Sarani, Kolkata-17 and for partition of the said premises as described in a Schedule annexed to the plaint together with allotment of the respective divided shares to the parties. There have been various changes in the status of the defendants since 2002 (when the suit was filed) and the only contesting parties today are the plaintiff no. 3 and the defendant no.10. The defendant no.10 claims to have purchased the shares of the other material defendants in relation to the premises in question. A brief statement of the factual background in which the defendant no.10 has made a prayer for decreeing the suit, should first be stated.
(3.) A preliminary decree was passed on 2oth April 2005 appointing a Commissioner of Partition to partition the property in four equal parts together with a direction to appoint a Surveyor/Valuer for that purpose.;