SOUMEN SEN, J. - (1.) This appeal is arising out of an order passed by the Civil Judge (Senior Division), Additional Court Hooghly, dated 20th May, 2009, accepting the report of the Commissioner of partition and decreeing the suit finally.
(2.) The appellants are the co-owners of the property.
(3.) The suit property consists of 7 (Seven) cottahs and 13 (thirteen) chittaks of land, more or less, partly vacant and partly with structures. The suit property belongs to three brothers, namely, Shyam Sundar Chatterjee, Madan Mohan Chatterjee (both appellants) and Tarak Nath Chatterjee, the plaintiff. The properties were jointly held by the three brothers. Tarak Nath Chatterjee filed a suit for partition of the said property being T.S. No. 92 of 2001 before the Learned Civil Judge (Senior Division) 2nd Court, Hooghly and the said suit was later re-numbered as T.S No 72 of 2008 on transfer to the Court of Learned Civil Judge (Senior Division) Additional Court, Hooghly on 5th July 2003. The said suit was decreed ex parte in preliminary form, in favour of the plaintiff by declaring that the plaintiff is having one-third share in the suit property. The parties were directed to make amicable partition as per their one-third share each within 90 days, failing which the partition would be effected in accordance with law. Although, the appellant no.1/defendant no.1 filed a written statement disputing the claim of the plaintiff over the suit property and the extent of his share, the defendant no.1 did not ultimately contest the suit and accepted the preliminary decree.;