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Calcutta High CourtFA/158/2015dismissed for default

Sharmila Bhattacharjee v. Ashish Chowdhury & ORS

2024-04-08Hon'Ble Justice Soumen Sen,Hon'Ble Justice Smita Das De2 pages

17.04.2025 Sl No.42 Court No.8 (gc) FA 158 of 2015 CAN 928 of 2015 Sharmila Bhattacharjee Vs.

Ashish Chowdhury & Ors.

Mr. Partha Pratim Roy, Mr. Vishal Mallick ...for the Appellant.

Ms. Rita Mukherjee, Ms. Priyanka Das ...for the Respondents.

1.

Peremptory direction as to the filing of the paper books is required as apparently the appellant did not take any steps to prepare the paper books after the arrival of the T.C.R. in the year 2022.

2.

The appellant shall file the paper books as directed earlier peremptorily within two weeks from date upon prior service to Ms. Rita Mukherjee, learned Advocate appearing for the respondents.

3.

The matter shall be listed after a fortnight with the T.C.R.

4.

The learned District Judge is directed to ensure that the original Will exhibited in the probate proceeding, being Exhibit-1, which was not forwarded with the T.C.R. be sent by the Court concerned within one week from date and it shall be kept in the safe custody of

the Deputy Registrar (Establishment) and shall be placed on the adjourned date.

5.

The parties are directed to file their written notes of argument in the meantime.

(Soumen Sen, J.) (Smita Das De, J.)