Sri Sri Iswar Mahadeb & Ors vs Pradeep Kumar Jain And Sons (Huf)
2024 Latest Caselaw 2807 Cal/2

Calcutta High Court

Sri Sri Iswar Mahadeb & Ors vs Pradeep Kumar Jain And Sons (Huf) on 3 September, 2024

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD - 10-15, 26

                              ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE

                             IA NO: GA/8/2024
                               In CS/189/2016

                       SRI SRI ISWAR MAHADEB & ORS
                                    VS
                    PRADEEP KUMAR JAIN AND SONS (HUF)

                             IA NO. GA/8/2024
                               In CS/190/2016

                      SRI SRI ISWAR MAHADEB & ORS.
                                    Vs
                              MS. SHRUTI JAIN

                             IA NO. GA/8/2024
                               In CS/191/2016

                       SRI SRI ISWAR MAHADEB & ORS.
                                     Vs
                              MRS. KUSUM JAIN

                             IA NO. GA/8/2024
                               In CS/192/2016

                      SRI SRI ISWAR MAHADEB & ORS
                                    Vs
                     RAAGINI SAREES PRIVATE LIMITED

                             IA NO. GA/8/2024
                               In CS/193/2016

                       SRI SRI ISWAR MAHADEB & ORS
                                    Vs
                             DEEP KUMAR JAIN

                             IA NO. GA/8/2024
                               In CS/194/2016
                                             2



                           SRI SRI ISWAR MAHADEB & ORS
                                        Vs
                                PRADEEP KUMAR JAIN

                                   IA NO: GA/2/2024
                                      CS/46/2017

                          SRI SRI ISWAR MAHADEB & ORS.
                                        VS
                               VISHAL KUMAR SINGH


BEFORE:
THE HON'BLE JUSTICE SUGATO MAJUMDAR
Date: 3rd September, 2024
                                                                              Appearance:
                                                Ms. Somali Mukhopadhyay, Adv.
                                                Ms. Enakshi Saha, Adv.

                                                                ...for the Plaintiffs


                                                Mr. Shiv Ratan Kakrania, Adv.
                                                Mr. Tanuj Kakrania, Adv.
                                                Mr. Karanjeet Sharma, Adv.

                                                                       ...for the Defendant

                                                Mr. Gaurav Purkayastha, Adv.

                                                 ...for Mrinal Lal Seal and Suchandra Dutta


       The Court: CS 189 of 2016, CS 190 of 2016, CS 191 of 2016, CS 192 of 2016, CS

193 of 2016, CS 194 of 2016 as well as CS 46 of 2017 are taken up together for hearing

of interlocutory applications in all the suits as mentioned in the cause title.


       All these are suit for eviction.


       Prayers in GA 8 of 2024 in CS 189 - 194 of 2016 as well as in GA 2 of 2024 in

CS 46 of 2017 are, inter alia, condonation of delay for filing the amendment
                                            3


application, record of death of one of the shebaits Monoj Lal Seal on 28/08/2018,

permitting the legal heirs of the deceased being the present shebait to represent the

Plaintiff in the suit along with incidental and consequential prayers.


       It is averred that on death of Monoj Lal Seal his heirs filed an Originating

Summons Suit being CSOS 2 of 2019 against the other shebait of the deceased

installed at 1C, Nalin Sarkar Street, Kolkata - 700004 for appointment of shebait.

The said Originating Summons Suit was allowed in terms of order dated 21st June,

2023 by this Court.     By virtue of said order Sunita Seal, Mrinal Lal Seal and

Suchandra Dutta became shebaits. Because of pendency of the said Originating

Summons Suit filing of the instant applications are delayed.             In fact, these

applications are filed on the basis of the judgment of the Originating Summons Suits.


       Perusal of cause papers and hearing of the representative counsels reveal that

right to sue survives. Delay is explained. The Petitioners are entitled to represent

the estate. Accordingly, (a) to (e) Master Summons of all these applications are

allowed. The Department is directed to do the needful.


       GA 8 of 2024 filed in CS 190 of 2016, CS 191 of 2016, CS 192 of 2016, CS 193 of

2016, CS 194 of 2016 and GA 2 of 2024 in CS 46 of 2017 are thus disposed of.


       The suit appears in the list on 27th November, 2024 for further order.




                                                     Sugato Majumdar, J.