Sujata Sen And Anr vs Jiban Kumar Sen And Ors
2026 Latest Caselaw 3039 Cal/2

Calcutta High Court

Sujata Sen And Anr vs Jiban Kumar Sen And Ors on 16 April, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-7                                                        ORDER SHEET


                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                              IA NO. GA/1/2026
                                      IN
                                 CS/25/2026
                            SUJATA SEN AND ANR.
                                      VS
                         JIBAN KUMAR SEN AND ORS.



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 16th April, 2026.

APPEARANCE:

Mr. Arindam Guha, Adv., Mr. Shuvashish Sengupta, Adv.

Ms. Shalini Dey, Adv.

For plaintiffs/petitioners Mr. Pratip Mukherjee, Adv.

Mr. P.K. Banerjee, Adv.

Mr. Gautam Sen, Adv.

Mr. Arindam Ghosh, Adv.

Ms. Aditi Gayen, Adv.

Mr. Abhijit Roy Chowdhury, Adv.

Mr. Sreyash Kumar Singh, Adv.

For defendant nos. 2 & 3

THE COURT: In a partition suit the plaintiffs have filed this application,

inter alia, for injunction and appointment of Receiver. The matter was moved

ex parte on 8th April, 2026 when an order of status quo was passed with a

direction upon the plaintiffs as to serve a copy of the plaint and the petition in

compliance with the provisions of Order XXXIX Rule 3 of the Code of Civil

Procedure, 1908 (in short CPC).

Affidavit of service filed on behalf of the plaintiffs in Court today

demonstrating service is taken on record. The defendants appear in two sets.

Defendant no.1 and defendant nos.2 and 3 are separately represented.

After hearing the parties and considering the materials on record, I

appoint Mr. Soumen Saha, Learned Advocate (Mobile no. 9830 994788) as a

Receiver to visit the suit properties, more particularly, described in paragraphs

4 and 9 of the instant application and file a report on the returnable date.

Learned Receiver shall ascertain as to who are the tenants in various

portions of the suit property, is there any entity who is not a tenant but in

occupation, what is the area under their respective occupation with proper

description to identify such portion, since when they are tenant or occupants

and by virtue of which document, who is collecting rent and/or occupation

charges from the various tenants and occupants, since when.

The Receiver shall inform the parties regarding the date and time of his

visit. The plaintiffs and the defendants should cooperate with the learned

Receiver. The learned Receiver shall be paid an initial remuneration of

Rs.30,000/- which shall be borne by the parties in three shares, one of which

has to be paid by the plaintiffs, the other by the defendant no.2 and the

balance by the defendant nos.2 and 3.

Let this matter appear in the list on 6 th May, 2026.

On the returnable date, the parties will be entitled to pray for further

relief.

(ARINDAM MUKHERJEE, J.)

Sb/