Rajesh Sanei & Ors vs Bhawrilal Sanei & Ors
2026 Latest Caselaw 794 Cal/2

Calcutta High Court

Rajesh Sanei & Ors vs Bhawrilal Sanei & Ors on 11 February, 2026

ORDER SHEET                                                           OD- 4


                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                                    CS/330/2014

                             RAJESH SANEI & ORS.
                                     VS
                            BHAWRILAL SANEI & ORS.


  BEFORE:
  The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
  Date: 11th February, 2026.
                                                                          Appearance:
                                                           Mr. Sourojit Dasgupta, Adv.
                                                          Mr. Sourjyo Mukherjee, Adv.
                                                         Mr. Vishwarup Acharyya, Adv.
                                                                 Mr. Akash Dutta, Adv.
                                                                     ...For the Plaintiffs

                                                            Mr. Rupak Ghosh, Sr. Adv.
                                                         Mr. Santosh Kumar Ray, Adv.
                                                             Mr. Indradeep Basu, Adv.
                                                              Ms. Siddhi Agarwal, Adv.
                                              ...For the Respondent no.3 (Decree-holder)

The Court :- The Learned Advocates representing both the parties referred

to an order passed by the Division Bench of this Court dated 22 nd December,

2025 which, inter alia, stated as follows:

"While considering the decree put into execution, we find that, the decree

refers to a terms of settlement. In turn, the terms of settlement refers to an

agreement dated March 15, 2017.

The drawn-up decree however, does not contain the mutual agreement dated

March 15, 2017.

In our view, ideally, the drawn up decree should contain not only the decree

of Court, but also the terms of settlement as also the mutual agreement dated

March 15, 2017 as a part thereof.

In such circumstances, we request the parties to take appropriate steps

before the Department to ensure that the decree is appropriately drawn up. The

Department will take appropriate steps, when so approached by any of the

parties."

The Learned Advocate representing the respective parties further submitted

that on approach to the Department, the same referred to Chapter XVI Rule 28 of

the Original Side Rules of the High Court at Calcutta, which stated as follows:

"28. Draft to be circulated. In cases of doubt etc., draft may be submitted to Court or Judge.- In cases of doubt or difficulty with regard to a decree or order made by the Court or a Judge, the Registrar or Master may, before issuing the draft, submit the same to the Court or Judge who passed the decree or order."

The decree has been passed by the Co-ordinate Bench of this Court and

the Hon'ble Judge presiding over the same at the time relevant point of time is

not functioning in this Court at the moment, being transferred to another High

Court.

Under such circumstances, let the matter be placed before the Hon'ble

Chief Justice, High Court at Calcutta for necessary directions.

(ANANYA BANDYOPADHYAY, J.)

JM