Mrs Helan Wilson (Deceased) vs Unknown
2026 Latest Caselaw 2441 Cal/2

Calcutta High Court

Mrs Helan Wilson (Deceased) vs Unknown on 30 March, 2026

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD 36+37



                    IN THE HIGH COURT AT CALCUTTA
                TESTAMENTARY & INTESTATE JURISDICTION
                             ORIGINAL SIDE
                            IA NO. GA/8/2026
                            In EOPLA/2/2011

           IN THE GOODS OF : MRS HELAN WILSON (DECEASED)
                                WITH
                          IA NO. GA/9/2026
                          In EOPLA/2/2011

           IN THE GOODS OF : MRS HELAN WILSON (DECEASED)

BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR

Date:30th March, 2026

APPEARANCE:

Ms. Suchismita Ghosh,Adv.

Mr. Vivek Basu,Adv.

Mr. Pramod Bagaria,Adv.

Ms. Himika Saraf,Adv.

...for the Plaintiff.

Mr. Rupak Ghosh, Adv.

Mr. Varun Kothari, Adv.

Mr. N. Berlia, Adv.

Ms. Urvashi Jain, Adv.

                                                              ...for the defendant


      The Court:-              Re: GA/9/2026

Exchange of affidavits is yet to be complete. The same shall be done on

or before the returnable date, namely 11 th May, 2026.

Re: GA/8/2026

Affidavit-in-opposition in GA No. 8 of 2026 shall be filed within two

weeks from date; affidavit-in-reply, if any, within one week thereafter.

Mr. Ghosh, learned Counsel for the Petitioner/Defendant submitted that

an ad interim order may be passed pending adjudication in GA No. 8 of 2026.

Learned Counsel for the Plaintiff vehemently opposed the petition and the

prayer itself. According to the learned Counsel, basically the original tenant

expired and grace period of five years under Section 2(g) of the W.B.P.T. Act,

1997 has also expired. As such, the present applicant is not entitled to use the

lift in any manner.

The merit of the application shall be heard only on exchange of affidavits;

for the time being, without prejudice to any of the rights of the parties herein, it

is directed that the Defendant/Petitioner shall be allowed to use lift without

causing damage or injury to the same, till the returnable date.

It is clarified that this observation is tentative only, which will not affect

the disposal of the application. The maintainability of the application shall also

be kept open, consideration of which will not be effected by this order.

The matter will appear in the list on 11 th May, 2026. Both the

applications shall appear in the list on the same date.

(SUGATO MAJUMDAR, J.)

s.chandra