CO/219/2025 of RANJIT CHOWDHURI NEE RANJIT CHOWDHURY AND ORS Vs BHUPENDRA NATH CHOUDHURY AND ORS on 6 October 2026

1. This application is filed challenging the judgment and part of the order dated September 8, 2025, in Title Suit No. 16 of 2007.

2. The Survey Commissioner, who had been appointed, has filed a report which on the face of it, appears to be unacceptable.

3. The report of the Survey Commissioner has taken into account certain extraneous facts and has identified himself with one of the contesting parties. The Survey Commissioner refers to one of the parties as "his client".

4. In view of the afore-stated, the order dated September 8, 2025, is modified to the extent that the appointment of Mr. Bipul Bhattacharjee as the Survey Commissioner is set aside.

5. On the consent of the parties, Mr. Sourayan Bal is appointed as the new Survey Commissioner.

6. The Commissioner will conduct a survey in the presence of the parties and will file his report within a period of 12 weeks with the learned Civil Judge (Senior Division), Jalpaiguri Sadar Court.

7. With the afore-stated directions, CO/219/2025 is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)

P a g e | 2