Soumya Guha Thakurata v. Bikash Guha Thakurata And ORS

16.09.2025 Item No.15 Ct. No.01 Saikat FMAT/337/2025 with IA NO: CAN/1/2025 SOUMYA GUHA THAKURATA VS.

BIKASH GUHA THAKURATA AND ORS.

Mr. Arnab Roy, Adv.

Mr. Satyam Mukherjee, Adv.

Mrs. Sayani Ahmed, Adv.

Mr. Purnendu Shekhar Ghosh, Adv.

Mr. Saibal Rakshit, Adv.

...For the Appellant

1. Return of the application for Letter of Administration which occurred subsequently after filing of the application for Letter of Administration on the ground of lack of jurisdiction is the subject-matter of the proceeding.

2. We have heard the learned counsel for the appellant.

3. We modify the impugned order to the extent that the entire file relating to the Letter of Administration being Misc. Case No.76 of 2019 (LA) shall be transferred from the learned Judge, District Delegate, Barasat, North 24 Parganas to the District Delegate, Barrackpore and the District Delegate, Barrackpore, shall commence the proceeding from the stage that had reached prior to the order dated 26th June, 2025.

4. With the aforesaid modification and direction, the appeal as well as the pending application are disposed of.

5. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

[SOUMEN SEN, C.J.(ACTING)] (APURBA SINHA RAY, J.)