Calcutta High Court
Pratik Barua And Ors vs Sm. Anuva Barua And Ors on 5 February, 2024
Author: Sugato Majumdar
Bench: Sugato Majumdar
O-3
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IA NO. GA/18/2023
In CS/993/1960
PRATIK BARUA AND ORS.
Vs
SM. ANUVA BARUA AND ORS.
BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR
Date : 5th February, 2024.
Appearance:
Mr. Saurav Chaudhuri,Adv.
...for defendants.
Mr. D. Purkayastha,Adv.
Mr. Sagar Chowdhury,Adv.
Mr. Rajiv Lall, Adv.
...for def. nos. D/3( c ) & D/3(d).
Mr. Apratim Bhattacharya,Adv.
..for def. 4(a)
The Court:- None appears on behalf of the plaintiffs.
This suit came in the list on mention, for clarification.
Learned counsels for the parties submit that writ may be issued to the
Commissioners of Partition in terms of the Original Side rules to avoid any future
complication. It is agreed and accordingly, let the writ be issued to the Commissioners
of Partition enabling them to work properly.
A report is filed by Mr. S.P. Ghosh dated 5th February, 2024 wherein it is stated
that he has presently a corpus of fund out of sale proceeds of gold coins.
Learned counsel for Mr. S.P.Ghosh submits that he is in custody of the sale
proceeds of the coins only. There is no ambiguity that sale proceeds of the coins are in
fact, a sale proceeds of joint property. When coins were joint properties, there is no
reason why the amount of sale proceeds shall not be treated as a common fund. After
partition by meets and bounds, funds shall be distributed retrievably and
proportionately among the parties after paying all the outgoings. Work of
Commissioners of Partition and payment to them must be out of joint fund for this
purpose. Mr. S.P. Ghosh shall pay the remuneration of the Commissioners of Partition
out of the same fund.
Mr. Apratim Bhattacharya, learned advocate representing the defendant no.4(a)
expresses intention to desire to retire from the assignment of the Commissioner of
Partition.
He is allowed. Mr. Apratim Bhattacharya craves leave to file application for his
replacement as Commissioner of Partition.
Leave is granted. Payment to Mr. Apratim Bhattacharya of Rs.50,000/- shall be
considered along with the application. Let the writ to Commissioner of Partition be
issued and survey work may be expedited. Other Commissioners of Partition shall be
paid Rs.50,000/- each.
Mr. S.P. Ghosh, learned Receiver shall submit a further report stating the status
of the amount of the fund in his custody.
In view of absence of the plaintiff, as submitted, either of the defendants, are at
liberty to file proper application praying for transposition subject to extant rules and
law.
Learned Registrar, Original Side shall inform about the preliminary decree or
report on drawing up preliminary decree along with judgment passed for preliminary
decree as well as the report of the Commissioners of Partition.
The suit will appear in the list on 19th February, 2024.
(SUGATO MAJUMDAR, J.)
D.Ghosh
