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Calcutta High Court
Kantimoy Kundu Chowdhury And Ors vs Sumitra Kundu Choudhury And Ors on 13 February, 2026
ORDER OD - 1
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/288/2026
In CS/978/1935
KANTIMOY KUNDU CHOWDHURY AND ORS
Vs
SUMITRA KUNDU CHOUDHURY AND ORS
BEFORE:
The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
Date: 13th February, 2026.
Appearance:-
Mr. Saptarshi Bhattacharjee, Adv.
Ms. Madhurima Basu, Adv.
Mr. Abhishek Halder, Adv.
...for applicant ( in GA/288/2026)
Mr. Sanjib Bandyopadhyay, Adv.
Mr. Monoj Kumar Mondal, Adv.
...For the Applicants( in GA/287/2026)
Md. Mustafir, Adv.
Ms. Madhumita Patra, Adv.
...for defendant.
Mr. Tapas Kr. Shina, Adv.
Mr. Subir Sabud, Adv.
..For the Jt. Receivers
The Court:- The Learned Advocate representing the applicant in GA 288
of 2026 submitted that the Joint Receivers had entered into an agreement with
the applicant for transfer of the property in question pursuant to an agreement
dated 30th July, 2025 against a consideration of Rs.78 Lacs out of which the
applicant had paid a sum of Rs.47 Lacs.
The Learned Advocate representing the applicant further submitted
during the pendency of the agreement to reach its legal endorsement through a
registration and payment of the balance sum of money intermittently, the Joint
Receivers had entered into an agreement with a third party namely, Sabir Ali as
to his knowledge and had been in a process to culminate the same to its legal
end.
The Learned Advocate representing the applicant had placed a copy of an
application being GA 287 of 2026, wherein the averments replicated the terms
and conditions entered into between the Joint Receivers namely, Soumitra
Kundu Chowdhury and the applicant. It further delineated the sum of money
to have been received by the Joint Receivers, as aforesaid, against the entire
amount of consideration for such transfer of property. The Joint Receivers
refuted such contention stating that the application being GA 287 of 2026 had
been on a contrary stance distinct from the documents placed before this Court
by the Learned Advocate representing the applicant.
The Learned Advocate representing the applicant has raised a serious
issue which needs further assessment. He is to file the document relied upon
by him along with the details of the sum of money to have been received by the
Joint Receivers on the next date of hearing.
The Joint Receivers appointed earlier by the Co-ordinate Bench are to file
an affidavit-in-opposition to GA 288 of 2026 prior to the next date of hearing.
In the meantime, the property in question being "all that piece and parcel of
Land containing the entire Mouza of Kantlia of Sali & Danga Land, situate lying
at Mouza- Kantlia, C.S. Khatian No. - 538, C.S. Dag No. 685 & 686, J.L. No. -
50, Touzi NO. - 792, Paragana - Boro, R.S. No.- 1952, Police Station - Domjur,
District - Howrah, total area of land 174 Decimals or 105 Cottahs, be the same
little more or less situate lying at P.S. - Domjur, District - Howrah" should not
be transferred by the Joint Receivers to a third party till the next date of
hearing.
Next date be fixed on 9th March, 2026.
The documents placed before the Court including copy of the application
purportedly being GA 287 of 2026 along with the copies of receipts with regard
to the amount paid by the applicant to one of the Joint Receivers be kept in a
sealed envelope in the custody of the Court Officer of this Court.
The Orders dated 25th May, 2025 and 17th July, 2025 be kept in
abeyance in view of the serious developments agitated by the learned Advocate
representing the applicant.
[ANANYA BANDYOPADHYAY, J.]
R. D. Barua
