Minati Kalita vs Bharat Chandra Das And 3 Ors
2023 Latest Caselaw 4405 Gua

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GAHC010230462023




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

                           Case No. : Test.App./8/2023

         MINATI KALITA
         W/O LATE TAPAN KALITA @ MANTU
         RESIDENT OF GANDHI BASTI, NATUN SARANIA, PS CHANDMARI,
         GUWAHATI, DIST. KAMRUP (M), ASSAM, 781003



         VERSUS

         BHARAT CHANDRA DAS AND 3 ORS
         S/O LATE ARABINDA BARMAN,
         RESIDENT OF 402, 4TH FLOOR, BLOCK D,
         HOUSEFED APARTMENT, JAWAHARNAGAR, TRIPURA ROAD, GUWAHATI
         29, DIST KAMRUP M ASSAM

         2:SMTI. SASHI PRAVA BARMAN (KALITA)
         W/O GHANA KANTA BARMAN
         RESIDENT OF HATIGAON HOUSING COLONY
          NEAR HATIGAON POLICE STATION
          PS HATIGAON
          GUWAHATI 38
          KAMRUP M ASSAM

         3:SMTI. NAMITA KALITA
         W/O SRI DILIP KALITA
         RESIDENT OF SATGAON (BSNL COLONY) GUWAHATI 27
          DIST KAMRUP M ASSAM

         4:SMTI ANUPAMA DAS (KALITA) @ SMTI ANU DAS KALITA
         W/O SRI BHARAT CHANDRA DAS

         RESIDENT OF 402
         4TH FLOOR
         BLOCK D
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            HOUSEFED APARTMENT
            JAWAHARNAGAR
            TRIPURA ROAD
            GUWAHATI 29
            DIST KAMRUP M ASSA

Advocate for the Petitioner   : L K BORAH

Advocate for the Respondent : MR. N ALAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                            ORDER

Date : 17.10.2023 Heard Mr. L.K. Borah, learned counsel for the appellant. Also heard Mr. N. Alam, learned counsel for the respondents.

This appeal under Section 299 of the Indian Succession Act is directed against the judgment dated 10.07.2023 and decree dated 31.07.2023, passed by the learned Additional District Judge No.3, FTC, Kamrup (Metropolitan), Guwahati in Misc.(Probate) Case No. 07/2019. By the said judgment and decree, the probate was granted in favour of the respondent-plaintiff as well as proforma respondent no.4.

The appeal is admitted for hearing.

Call for the records.

Issue notice returnable in 4 (four) weeks.

The appellant shall take steps within 2 (two) days for service of notice on the proforma respondent nos.2 to 4 by usual process as well as by registered post with A/D.

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List after 4 (four) weeks.

JUDGE

Comparing Assistant