Pramatha Nath Sen v. Sandhya Basu Mallik And ORS

OD- 2 ORDER SHEET APOT 24 of 2024 WITH CS 540 of 1988 IA No.GA/1/2024

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE PRAMATHA NATH SEN VS SANDHYA BASU MALLIK AND ORS Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 23rd August, 2024 Appearance:

Mr. D.C. Thakur, Adv.

Mr. A. K. Mukhapadhyay, Adv.

Mr. Sumitava Chakraborty, Adv.

The Court: The marginal delay in preferring the appeal is condoned.

We have gone through the reasons advanced in the impugned judgment and order dated 16th October, 2023. By that judgment and order, for failure on the part of the appellant defendant no.1 to account for jewellery in a partition and administration suit, his property at 10, Lake Range, Kolkata-26 was attached. If Rs.60 lakhs is deposited with the partition commissioner, the attachment would stand vacated. Whether the appellant defendant no.1 is guilty of misappropriation of joint family property would only be decided at the trial of the suit. If we prima facie appreciate the order, it has attachment of the property of the appellant defendant no.1. Pending such determination, there is no infirmity in such an order.

Accordingly, the appeal is formally admitted and dismissed.

The stay application (IA No.GA/1/2024) is also dismissed. We request the learned trial judge to dispose of the partition and administration suit as early as possible, subject to the convenience of the bench.

As affidavits were not invited, the allegations contained in the application are deemed not to be admitted.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) cs