Citation : 2025 Latest Caselaw 1756 Cal/2
Judgement Date : 13 June, 2025
OD-2
ORDER SHEET
APO/6/2025
WITH
PLA/96/2020
IA NO. GA/1/2024
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
IN THE GOODS OF:
KAMLA JINDAL (DEC.)
AND
KARAN PAUL
VS
RAJIV JINDAL
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date : 13th June, 2025.
Appearance:
Mr. Jishnu Chowdhury, Sr. Adv.
Mr. Sanjiv Kr. Trivedi, Adv.
Ms. Iram Hassan, Adv.
..for the appellant
Mr. Soumalya Ganguli, Adv.
...for the respondent
Mr. Pulak Basu, Adv.
...for the Indian Bank
Dictated by Arijit Banerjee, J.
The Court: Report filed by the Indian Bank, Alipore Branch, be
kept with the records.
From the report it appears that the work relating to the concerned
locker has been completed. We need to hear out the appeal.
Mr. Chowdhury, learned senior counsel representing the appellant,
says that all relevant papers that were available before the Learned Single
Judge have been annexed to the stay petition. We shall treat the stay
petition as informal paper-book and hear out the appeal. All formalities are
dispensed with. Since the respondent is represented, notice of appeal is
deemed to be waived.
Since we propose to hear out the appeal on an early date, let the
direction in paragraph 23 of the impugned judgment not be given effect to
till disposal of the appeal. For the sake of convenience, paragraph 23 of the
judgment is reproduced hereunder:
"In fine, the GA 1 of 2022 is allowed in part. The Executor, Mr. Karan Paul is to complete the administration of estate of the testator as per probate granted to him within 3 (three) months from date, and to submit the report of true inventory within two weeks thereafter. The Executor Mr. Karan Paul is to bear the cost and charges defending the GA 1 of 2022 and is liable to return back the money spent from the estate of the testator on account of such legal charges, if any, to the fund of the estate within one month from date. No order as to costs."
List the appeal on June 17, 2025 under the appropriate heading.
(ARIJIT BANERJEE, J.)
(RAI CHATTOPADHYAY, J.)
kc.
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