Pagaldashi Sarkar @ Karmakar vs Lakhi Sarkar And 6 Ors
2022 Latest Caselaw 4862 Gua

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GAHC010245752022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : Test.App./17/2022

         PAGALDASHI SARKAR @ KARMAKAR .
         W/O LATE KHUSHI MOHAN SARKAR @ KARMAKAR
         VILLAGE RAJAGAON. WARD NO. 5, MORIGAON MUNICIPALITY,
         PS AND DIST MORIGAON, ASSAM



         VERSUS

         LAKHI SARKAR AND 6 ORS .
         W/O LATE AMULYA SARKAR @ KARMAKAR,
         VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY,
         PS AND DIST MORIGAON, ASSAM 782105

         2:SRI DHANANJAY SARKAR
          S/O LATE AMULYA SARKAR @ KARMAKAR
         VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY

         PS AND DIST MORIGAON
         ASSAM 782105

         3:SRI GOPAL SARKAR @ KARMAKAR

         S/O LATE KHUSHI MOHAN SARKAR @ KARMAKAR
         VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY

         PS AND DIST MORIGAON
         ASSAM 782105

         4:SMTI KANCHAN SARKAR @ KARMAKAR
         W/O SRI BIPUL PAL

         D/O LATE KHUSHI MOHAN SARKAR @ KARMAKAR
         VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY
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             PS AND DIST MORIGAON
             ASSAM 782105

             5:SMTI PUSPA SARKAR @ KARMAKAR

             W/O SRI GOPAL BARMAN

             D/O LATE KHUSHI MOHAN SARKAR @ KARMAKAR

             VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY

             PS AND DIST MORIGAON
             ASSAM 782105

             6:SRI PUNYA SARKAR @ KARMAKAR

             S/O LATE KHUSHI MOHAN SARKAR @ KARMAKAR
             VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY

             PS AND DIST MORIGAON
             ASSAM 782105

             7:SRI RATAN SARKAR @ KARMAKAR
              S/O KHUSHI MOHAN SARKAR @ KARMAKAR

             VILLAGE RAJAGAON. WARD NO. 5 OF MORIGAON MUNICIPALITY

             PS AND DIST MORIGAON
             ASSAM 78210

Advocate for the Petitioner   : MR. S SAIKIA

Advocate for the Respondent :


                                           BEFORE
                       HON'BLE MRS. JUSTICE MALASRI NANDI
                                            ORDER

09.12.2022 Heard Mr A Ahmed, learned counsel for the petitioner.

This is an application filed under Section 299 of the Indian Succession Act, 1925, against the impugned Judgment and Order dated 19.09.2022, passed in Title Suit (Probate) No. 3 of 2013, by Page No.# 3/3

the learned District Judge, Morigaon, whereby the petition filed by the appellant/plaintiff for grant of probate under Section 276 of the Indian Succession Act, 1925 was dismissed on contest.

Issue notice to the respondent Nos. 1, 2, 3, 4 and 5.

The petitioner shall take steps for service of notice upon the respondent Nos. 1, 2, 3, 4 and 5, by registered post with A/D as well as by usual process, returnable within 6 (six) weeks.

Steps be taken within a week from today.

Call for the LCR.

List the matter accordingly after 6 (six) weeks.

JUDGE

Comparing Assistant