Singh Deo And Ors vs Durga Prasad Singh Deo
2022 Latest Caselaw 609 Cal/2

                                   ORDER SHEET
OD-2 & 3


                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                              ORIGINAL SIDE

                               APOT/28/2022
                                   WITH
                                CS/251/2007
                        IA NO:GA/1/2022, GA/2/2022

                  RUCHI SINGH DEO ALIAS ISHVARI RAJE
                          SINGH DEO AND ORS.
                                  VS
                      DURGA PRASAD SINGH DEO

                               APOT/29/2022
                                   WITH
                                CS/251/2007
                        IA NO:GA/1/2022, GA/2/2022

                     JAIRUDRA PRASAD SINGH DEO
                                 VS
                   DURGA PRASAD SINGH DEO AND ORS.



  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : 22nd February, 2022
  (Via Video Conference)
                                                           Appearance:
                                                        Mr.Priyankar Saha, Adv.
                                                      Ms. Nilanjana Adhya, Adv.
                                                        Mr. Avirup Mondal, Adv.
                                                           Mr. A.Z.Mondal, Adv.
                                       For appellant in APOT No.28 of 2022 and
                                       Proforma respondent in APOT 29 of 2022

Mr. Chayan Gupta, Adv.

Ms. Pooja Jemarajka, Adv.

For respondent no.1 in APOT No.28 of 2022 Mr. Varun Kedia, Adv.

For defendant-respondent no.2 in APOT No. 28 & 29 of 2022

The Court : Affidavits of service filed in court be taken on record.

Each of the appeals is admitted. We proposed to hear them out

dispensing with all formalities.

The impugned judgment and order was made on 14th December, 2021,

inter alia, directing filing of affidavits and listing of the application after six

weeks of the order.

The application before the learned single judge is ripe for hearing. The

interim order that was made was that the plaintiff no.1(d) "shall not take any

steps with regard to mutation of property or claiming any right in respect of

any trust properties of the estate". We do not think that there is any infirmity

in this order. We only clarify that the plaintiff no.1(d) or any other party to the

terms of settlement would not be disentitled to assert a right to the estate but

would not deal with the property till further orders. Although the plaintiff

no.1(d) by virtue of this order would not be able to effect mutation in the land

records, the impugned order would not prevent the said plaintiff no.1(d) from

paying tax on the property or discharge any statutory obligation that may arise

out of the terms of settlement.

We request the learned single judge to dispose of the interim application

as early as possible.

Both the appeals and the applications (APOT/28/2022, IA NO:

GA/1/2022, IA NO: GA/2/2022 and APOT/29/2022, IA NO: GA/1/2022, IA

NO: GA/2/2022 ) are disposed of.

Since affidavits have not invited, the allegations contained in the stay

petitions are deemed not to be admitted.

(I. P. MUKERJI, J)

(ANIRUDDHA ROY , J)

sb.