Dakshesh Umiyashanker Dave vs Maneshkumar Umiyashanker Dave And ...
2025 Latest Caselaw 1434 Cal/2

Calcutta High Court

Dakshesh Umiyashanker Dave vs Maneshkumar Umiyashanker Dave And ... on 13 March, 2025

OD-3
                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE

                               CS/65/2023

               DAKSHESH UMIYASHANKER DAVE
                           -VS-
         MANESHKUMAR UMIYASHANKER DAVE AND OTHERS

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : March 13, 2025.

Appearance:

Mr. Aurin Chakraborty, Adv.

Mr. Prasanta Naskar, Adv.

... for the plaintiff

Mr. Soumyajit Mishra, Adv.

... for the defendants

The Court: The matter is listed as "To Be Mentioned" on receipt of

the report from the office of the Learned Master of this Court.

This Court has disposed of CS/65/2023 in terms of the settlement

entered between the parties. At the time of taking appropriate steps by

the department, learned counsel for the plaintiff and the defendants have

submitted a judgment passed by the Hon'ble Supreme Court in Civil

Appeal No. 14808 of 2024 in the case of Mukesh vs. The State of Madhya

Pradesh and Anr. By relying upon the said judgment, both the parties are

of the view that the matter should not be sent to the office of the Learned

Collector for ascertaining the stamp duty.

This Court finds that both the parties have relied upon a judgment

passed by the Hon'ble Supreme Court and as such the matter is required

to be heard on the point whether the judgment passed by the Hon'ble

Supreme Court is applicable in the present case.

Let the matter appear on 27th March, 2025 under the heading

"Orders".

(KRISHNA RAO, J.)

RS