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Calcutta High Court
Angura Mullick (Rehman) vs Masum Ali Mullick And Ors on 18 July, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee, Kausik Chanda
OD-1
ORDER SHEET
RVWO/4/2023
WITH
APD/227/2009
IA NO: GA/1/2023
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
ANGURA MULLICK (REHMAN)
VS
MASUM ALI MULLICK AND ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE KAUSIK CHANDA
Date : 18th July, 2025.
Appearance:
Mr. Saunak Ghosh, Adv.
Md. Hossain, Adv.
Mr. Ashis Kumar Dutta, Adv.
...for the review applicant
Mr. Avijit Roy, Adv.
Mr. Indrajit Sen, Adv.
Mr. S. Medda, Adv.
...for the respondent/
plaintiff nos.1 to 2(a) to 2(c)
Mr. Supratic Roy, Adv.
.. for the defendant
nos.1, 3(a), 3(b), 3(c) & 4
Dictated by Arijit Banerjee, J.
Re: IA No.GA/1/2023
The Court: On the undertaking of learned Advocate-on-Record for
the review applicant to file the affidavit-in-reply in connection with the
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application for condonation of delay, in course of the day, this matter is
taken up for hearing.
We have heard learned counsel for the parties.
Although the delay is substantial and we are not fully satisfied with
the explanation furnished, keeping in view that a large part of the period in
question was hit by COVID-19 and taking a lenient view of the matter, in the
interest of justice, we condone the delay.
GA/1/2023 is disposed of.
Re: RVWO/4/2023
This review application is directed against a judgment and order
dated February 28, 2020, passed by a Co-ordinate Bench of which one of us
(Kausik Chanda, J.) was a member, whereby the appeal of the defendant
no.2 in the concerned partition suit was dismissed and the preliminary
decree of the Learned Single Judge was affirmed. The defendant no.2 has
now filed this review application saying that the preliminary decree passed
by the Learned Single Judge does not specify the shares of all the parties
which is creating great difficulty.
We see no reason to review the order dated February 28, 2020.
None of the grounds mentioned in Order XLVII Rule 1 of the Code of Civil
Procedure has been made out. If the Appeal Court has erroneously affirmed
the preliminary decree of the Learned Single Judge, such error can be
corrected by a higher forum. Review is not the course of action to be taken.
We dismiss this review application reserving liberty to the review
applicant to approach the Learned Single Judge with an appropriate
application, if he is entitled to do so in law.
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In the event the review applicant decides to approach the Learned
Single Judge, that should be done within four weeks from date and not
beyond. Needless to say, we have not gone into the merits of the case at all.
(ARIJIT BANERJEE, J.)
(KAUSIK CHANDA, J.)
bp/R.Bhar
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