Smt Bijaya Nundy And Ors vs Sri Prosanto Nundy & Ors

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Calcutta High Court

Smt Bijaya Nundy And Ors vs Sri Prosanto Nundy & Ors on 10 May, 2024

OD-3
                               ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE

                               CS/91/2013
                   IA No. GA/2/2013(OLD NO:3408/2013)

                        SMT BIJAYA NUNDY AND ORS.
                                   -VS-
                        SRI PROSANTO NUNDY & ORS.


BEFORE:
The Hon'ble JUSTICE KRISHNA RAO

Date: May 10, 2024.

Appearance:

Mr. D. K. Mookerjee, Adv.

Mr. D. K. Chandra, Adv.

...for the plaintiff Mr. Sanjib Dawn, Adv.

...for the defendants The Court: The matter is listed today as "To Be Mentioned" on the record of the office report.

This Court by a judgment dated 29th November, 2023 has disposed of the suit as well as GA/10/2021. Subsequent to the judgment dated 29th November, 2023 the matter was listed as "To Be Mentioned" on the receipt of the office report and this Court by an order dated 1st may, 2024 has allowed the department to make the report which is to be treated as part of the decree being Annexure- 'L'. But after the order dated 1st May, 2024, the officer has reported to this Court that there will be no issue for making Annexure-'L' that is the report of the Commissioner as part of the decree. Only the department intended that the deed of conveyance is to be treated as a part of the decree by making the Xerox copy of the deed of conveyance. 2

Accordingly, the order dated 1st May, 2024 is modified to the effect that the department has submitted a report wherein the department is facing difficulties for embossing the decree. As the deed of conveyance dated 5th August, 2023 is voluminous and will take sufficient quantity of time for completion and to make the same as part of the decree and prays for leave to attach the said document by making the copy of the said document is part of the decree.

In view of the above, the department is given liberty to make the Xerox copy of the deed of conveyance certifying by the concerned officer and by making the same as part of the said decree.

The order dated 1st May, 2024 is modified, accordingly. This order may be treated as part of the judgment dated 29th November, 2023 and the order dated 1st may, 2024.

(KRISHNA RAO, J.) S.De