Anumita Paul And ANR. v. Subrata Mukherjee

Item- 4.

CO 2039 of 2026 02-07-2026 Anumita Paul & Anr.

Versus

Subrata Mukherjee sg Ct. 6 [ Mr. Dipika Basu ...for the petitioners The petitioners who claim to be the daughters of the testator have challenged the order dated 20th May, 2026 passed by the learned District Judge-in-Charge, North 24 Parganas in Misc. Case No. 110 of 2023 (Probate). By the order no. 20 dated 16th January, 2026, the learned Trial Judge fixed 7th March, 2026 for appearance of the two daughters of the deceased testator including the person claiming to be the power of attorney.

The learned Advocate appearing for the petitioners submits that one of the daughters namely, Susmita Sivasankaran, being the petitioner no.2 appeared on 16th January, 2026 and in spite of that the learned Trial Judge has directed both the parties to appear on 7th March, 2026. After going through the impugned order, this Court finds that when the matter was taken up for hearing, the petitioner no. 2 did not appear. However, she appeared subsequently which is reflected from the later portion of the order dated 16th January, 2026. It is not in dispute that the other daughter i.e. the petitioner no.1 and the power of attorney holder did not appear in spite of earlier direction passed by the learned Trial Judge.

On a query of the Court, the learned Advocate appearing for the petitioners submits that the two daughters along with the power of attorney holder shall appear before

the Court on the next date i.e. on 18th July, 2026. In the event the two daughters of the testator i.e. the petitioners herein and the power of attorney holder appear before the Court, the learned Trial Judge shall pass orders in accordance with the law.

With the above observation, this civil revisional application stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requite formalities.

(Hiranmay Bhattacharyya, J.)