Uttara Sarkar & Ors vs Laxmi Mondal & Ors
2024 Latest Caselaw 4882 Cal

Calcutta High Court (Appellete Side)

Uttara Sarkar & Ors vs Laxmi Mondal & Ors on 20 September, 2024

                                   1




20.09.2024
Sl. No.9
    ss

                       IN THE HIGH COURT AT CALCUTTA
                         CIVIL APPELLATE JURISDICTION
                               APPELLATE SIDE


                                F.A. 111 of 2023
                                       With
                              IA No. CAN 1 of 2023


                              Uttara Sarkar & ors.
                                     Vs.
                              Laxmi Mondal & ors.


                       Mr. Probal Kr. Mukherjee, Sr. Adv.
                       Ms. Shebatee Datta
                                         .... For the appellants

                      Mr. Sourav Sen
                      Mr. Muhammad Obaid
                      Ms. Adrisnata Chakraborty
                                       ... For the respondents

1. The probate case has been allowed based on

an admission of the present appellants which

admission is seriously in dispute and denial in the

present proceedings.

2. Learned Counsel for the appellants submits

that before pronouncing judgment on admission an

objection had been filed by the appellant to the claim

set forth by the plaintiff for a judgment on admission

by making application under Order 12 Rule 6, CPC.

3. In view of such objection and specific denial

the court ought not to have proceeded to grant a

judgment on admission.

4. Learned Counsel for the respondents, on the

other hand, submits that the court has considered the

admission of the present appellants in course of her

cross-objection.

5. The only issue which appears for

consideration in the present proceedings is whether in

view of the written objection filed on behalf of the

present appellants, the Court could have proceeded

pronouncing the judgment on admission. The parties

are to address this Court on this issue.

6. Considering the rival submissions in view of

the nature of objection raised by the present appellants

in the probate proceedings, we find that a prima facie

case has been made out for issuance of interim order

in favour of the present appellants to the extent that

the parties be restrained from alienating the suit

property, which is in question in the present

proceedings. Balance of convenience and

inconvenience also lies in favour of issuance of such

interim orders so as to preserve the property during

pendency of the present application.

7. List the application for further consideration

on 25th November, 2024.

(Madhuresh Prasad, J.)

(Apurba Sinha Ray, J.)