Smt.Sandhya Basu Mallick & Anr vs Mr.Pramatha Nath Sen
2024 Latest Caselaw 2979 Cal/2

Calcutta High Court

Smt.Sandhya Basu Mallick & Anr vs Mr.Pramatha Nath Sen on 20 September, 2024

OD-34
                            ORDER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE

                              IA NO. GA/12/2024
                                In CS/540/1988

                    SMT.SANDHYA BASU MALLICK & ANR
                                  Vs
                        MR.PRAMATHA NATH SEN


  BEFORE:
  The Hon'ble JUSTICE BIVAS PATTANAYAK

Date : 20th September, 2024.

Appearance:

Mr. Sumitava Chakraborty, Adv.

Ms. Bratati Pramanick, Adv.

... for the petitioner.

Mr. D. C. Thakur, Adv.

Mr. A. K. Mukhopadhyay, Adv.

... for defendant no.1.

The Court :- This is an application for seeking direction upon the

Commissioner of partition to put on sale the properties comprised within 10,

Lake Range, Kolkata-700026.

Mr. Sumitava Chakraborty, learned Advocate appearing for the petitioner

submits that by judgment and decree dated 15 th December, 2016 the suit was

decreed in preliminary form. After passing of such decree this Court in

GA/3055/2018 appointed Commissioner of partition to make partition of

properties in metes and bounds in terms of preliminary decree. Such order was

challenged in appeal being APO/25/2019 by defendant no.1. In the appeal the

Commissioner of partition was directed to proceed with the commission in

respect of all immovable properties indicated in annexure A to the plaint and also

in respect of movable properties indicated in annexure D to the plaint except the

gold coins covered by item nos. 2 and 3 in annexure D to the plaint. Thereafter,

the plaintiff filed an application being GA/2035/2019 seeking various reliefs

including interim order restraining defendant no.1 from creating any third party

interest over the property comprised within 10, Lake Range, Kolkata-700026 and

upon hearing ad-interim order of injunction was passed. By order dated 16 th

October, 2023, the said property was attached with effect from passing of the

order for a sum of Rs.60 Lakhs and the defendant no.1 was directed to deposit

the aforesaid amount within a period of two months before the Partition

Commissioner. It was also indicated in the order that on deposit of the amount

the order of attachment shall stand vacated and in case of failure to deposit the

amount the Commissioner shall sell out the property with the permission of the

Court to realize the amount. Such order was assailed in APOT/24/2024 which

has been dismissed. Accordingly, the plaintiff has filed this application seeking

direction upon the Commissioner of partition to sell out the property.

In reply, Mr. D. C. Thakur, learned Advocate appearing for defendant no.1

submits that there was no such direction upon defendant no.1 in the decree to

deposit such amount. Accordingly, there cannot be any direction for realization

of the said sum. He seeks to file affidavit-in-opposition to the application.

Let such affidavit-in-opposition be filed within one week of reopening after

ensuing Puja Vacation; reply, if any, be filed within a period of two weeks

thereafter.

List this matter after three weeks of reopening after ensuing Puja Vacation.

(BIVAS PATTANAYAK, J.)

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