Citation : 2026 Latest Caselaw 926 Cal/2
Judgement Date : 13 February, 2026
2019:CHC-OS:165
OD 2 & 3
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/171/2014
IA NO: GA/10/2024, GA/12/2026
SRI SOMESH CH. BHATTACHARYYA
VS
ALPANA BHATTACHARYYA AND ORS.
WITH
EC/277/2019
SMT. NITA BHATTACHARYYA AND ORS.
VS
SRI SOMESH CHANDRA BHATTACHARYYA AND ORS.
BEFORE:
The Hon'ble JUSTICE APURBA SINHA RAY
Date: 13th February, 2026.
Appearance:
Mr. Deep Narayan Mukherjee, Adv.
Mr. Subrata Das, Adv.
Mr. Debayan Ghosh, Adv.
. . .for the plaintiff.
Mr. Swaraj Shaw, Adv.
. . .in EC/171/2014 for the defendant nos. 1(a) & 1(c).
Mr. Swaraj Shaw, Adv.
. . .in EC/277/2019 for the defendant nos. 3(i)(ii)(iii) & 5.
Mr. Pratik Kr. Bhattacharyya appears in person . . .for the defendant no.1(b).
2019:CHC-OS:165
The Court: The learned counsel for the petitioner has submitted that Mr.
Bhattacharyya cannot file affidavit in opposition against the amended execution
petition vide EC No.171 of 2014 affirmed on 26.06.2025 arising out of CS No.3 of
2005 in view of the order dated 09.01.2026.
For the purpose of clarification of the order dated 09.01.2026, the decree
holder has filed another GA being No. GA 12 of 2026.
Mr. Pratik Kr. Bhattacharyya appearing in person as defendant no.1(b) has
submitted that he wants to file an affidavit in opposition against the GA No.12 of
2026.
Let the affidavit in opposition be filed within two weeks from date. Affidavit
in reply be filed within one week thereafter. List the matter on 6 th March, 2026.
The affidavit in opposition filed by the defendant no.1(b) be kept on record
subject to the result of GA No.12 of 2026.
(APURBA SINHA RAY, J.)
Sp/
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