Ashis Kumar Maity vs Shefali Maity & Ors
2023 Latest Caselaw 2333 Cal

05.04.2023
Sl. 102
Ct.No. 3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                         FMA 627 of 2022
                              With
                          CAN 1 of 2022

                    Ashis Kumar Maity
                             Vs.
                    Shefali Maity & Ors.


              Mr. Tanmoy Mukherjee
              Mr. Sagnik chatterjee
              Mr. Sayan Mukherjee
                                    ...for the appellant/plaintiff

              Mr. Sanjib Kumar Mal
              Mr. Arun Kumar Ghosh
              Mr. Saptarshi Kumar Mal
                          ...for the respondent/defendant no.2

Mrs. Jyotsna Roy Mukherjee ...Special officer

Re: CAN 1 of 2022

We have heard learned counsel for the

parties at length.

We are in a position to dispose of this

appeal.

The report of the Special Officer appointed

by us by our order dated 16th December, 2022 is

taken on record. Copies be circulated to the

parties.

We asked learned counsel for the parties

whether they would like to take exception to this

report.

None of the parties wants to file any

exception to it. Therefore, we take the contents of

the report to be true and correct.

The subject matter of the suit is 11 flats in a

property in Lake Gardens, Kolkata. According to

the report, 1) six are occupied by the second

respondent, 2) two are in the occupation of the

third and fourth respondents, 3) two have been

sold and 4) one is vacant and under lock and

key. Out of two flats sold one has been sold to

two advocates and the other two one Swadesh

Ranjan Maity. Swadesh Ranjan Maity has let it

out to one Clarance Ludgwick at a rent of Rs.

12,000/- per month. No other income of the

property is disclosed in the report.

Mr. Tanmoy Mukherjee, learned advocate

for the appellant submits that there is a huge

amount of outstanding on account of unpaid

municipal taxes.

Considering the submissions made, we

think it fit and proper to expedite the hearing of

the partition and administration suit.

We are told that the examination of the

plaintiff's witnesses is continuing. We direct

that the suit be disposed of by 31st December,

2023.

Till disposal of the suit, the Special Officer

appointed by us shall be in symbolic possession

of the suit property and to ensure that the status

quo regarding occupation, as mentioned above,

is not altered till the decree is made or by order

of this court, whichever is earlier.

Furthermore, from time to time, the Special

Officer shall call a meeting of the parties to

obtain their consent, so that, the vacant

room/flat could be let out on a short-term basis

and rent/occupation charges realised be utilised

to meet the liabilities of the properties.

The Special Officer shall be paid a monthly

remuneration of Rs. 10,000/- to be borne by

each of the parties in accordance with their

shares in the property.

The appeal and the application are disposed

of.

The interim application before the learned

court below in which the impugned judgment

and order was made is also disposed of in terms

of this order, superseding the impugned

judgment and order.

The learned court below may be approached

to record disposal of that application in its

records.

Urgent certified photocopy of this order, if

applied for, be given to learned advocates for the

parties upon compliance of all requisite

formalities.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )