Citation : 2026 Latest Caselaw 2489 Cal/2
Judgement Date : 31 March, 2026
OD-11
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/39/2023
In
CS/3/2010
PRADEEP KUMAR SARAFF
Vs
SRI PAWAN KUMAR SARAFF AND ORS.
BEFORE:
The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
Date : 31st MARCH, 2026.
Appearance:
Mr. Lalratan Mandal, Adv.
For the Plaintiff
Mr. Sayantan Bose, Adv.
Mr. Sarbajit Mukherjee, Adv.
Ms. M. Das, Adv.
For the defendant No.2
Mr. Somnath Gangopadhyay, Adv.
For the defendant No.4
Mr. Rudra Narayan Chowdhuri, Adv.
For the Special Officer
The Court : The report submitted by the Registrar, Original Side dated 30 th
March, 2026 stating the status of service of notice upon the defendant No. 4 be kept
on record.
Pursuant to the receipt of the copies, the Defendant No. 4 is present before
this Court and he is being represented by the Learned Advocate Mr. Somnath
Gangopadhyay.
Heard the submission of the Learned Advocates representing the respective
parties.
The Learned Advocate representing the Defendant No.4 intends to file affidavit-
in-opposition to GA/39/2023 and the same is allowed. He is to instruct the Defendant
No.4 to submit the statement of accounts relating to the property situated at Kaliaganj
to the Special Officer appointed by the Co-ordinate Bench of this Court to place the
said accounts in the form of a report before this Court on the next date of hearing.
The Learned Advocates representing the respective parties are to file the
individual chart depicting the shares which they claim should be granted to them
through partition.
Next date be fixed on 19th May, 2026.
There has been serious apprehension that the Defendant No.4 might alienate
the property situated at Kaliaganj being the schedule-A property. The Learned Special
Officer had been of the opinion that the Schedule A property had been utilized for
personal gains of Defendant No. 4. The Defendant No.4 being the resident of the
Schedule A property on which the co-sharers have their individual rights should not
alienate, transfer and create any third party interest till the disposal of the instant
suit.
The Learned Advocate representing the Petitioner is to serve notice upon the
Defendant Nos. 5 to 8 intimating the next date of hearing and file affidavit-of-service.
(ANANYA BANDYOPADHYAY, J.)
A Dey
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