Woodland Manufacturers Ltd vs Sankar Prosad Garga And Anr
2026 Latest Caselaw 2487 Cal/2

Calcutta High Court

Woodland Manufacturers Ltd vs Sankar Prosad Garga And Anr on 31 March, 2026

Author: Debangsu Basak

Bench: Debangsu Basak

OD-13

                               APOT/17/2026
                              IA No.GA/1/2026

                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                               ORIGINAL SIDE


                                      WOODLAND MANUFACTURERS LTD..
                                                 -VERSUS-
                                      SANKAR PROSAD GARGA AND ANR.

BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
             -AND-
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date: 31st March, 2026.

                                                                         Appearance:
                                                     Mr. Rudradeb Chowdhury, Adv.
                                                           Mr. Shoham Sanyal, Adv.
                                                       Mr. Vishwrup Acharyya, Adv.
                                                                 ...for the appellant.

                                                     Mr. Javed K. Sanwarwala, Adv.
                                                          Mr. Sarosij Dasgupta, Adv.
                                                        Mr.Shariq Sanwarwala, Adv.
                                                           ...for the respondent no.1.

Mr. Ratul Das, Adv.

Mr. Aurin Chakraborty, Adv.

Mr. Avijit Dey, Adv.

...for the intervenor applicant.

The Court :- Appeal is at the behest of the plaintiff in a suit and

directed against order dated December 1, 2025.

During the pendency of the appeal, it was contended that despite

decree passed by the High Court and Joint Receivers appointed, a portion of

the immovable property concerned was not in possession of the Joint Receivers

since such portion was being occupied by a third party.

Third party concerned and one of the Joint Receivers are represented.

It is submitted on behalf of the third party and the Joint Receivers

that they entered into certain settlement.

Court is not concerned with the inter se settlement between the third

party and one of the Joint Receivers. Breach, if any, of the settlement between

them, may be looked into and considered by the appropriate forum.

It is submitted by the concerned third party that it made over

possession of the portion of the concerned property to one of the Joint

Receivers.

Learned Advocate appearing for one of such Joint Receivers submits

that his client is ready and willing to make over possession of such portion of

the property to the Joint Receivers appointed by the Court.

In view of such submission made, it would be appropriate that the

Joint Receivers take actual physical possession of the property concerned

forthwith.

Impugned order directed symbolic possession to be taken. Since

actual physical possession is directed by us and since the same is the

subsisting direction in the decree passed, the impugned order dated December

1, 2025 is set aside.

APOT/17/2026 along with connected application, if any, are disposed

of.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.) A/s.