In The Goods Of Om Prakash Maniyar (Dec) Dheeraj Maniyar v. Subhas Maniyar And ANR

IN THE HIGH COURT AT CALCUTTA

In Appeal from its TESTAMENTARY & INTESTATE JURISDICTION CIVIL APPELLATE JURISDICTION I. A. No. GA 1 of 2022 APO No. 23 of 2022 with PLA No. 327 of 2021 In the goods of:

Om Prakash Maniyar (Deceased) And I. A. No. GA 1 of 2022 APO No. 24 of 2022 with PLA No. 327 of 2021 In the goods of:

Om Prakash Maniyar (Deceased) And Dheeraj Maniyar

Versus

Subhas Maniyar & Anr.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice ANIRUDDHA ROY Date: 26th April 2022 Appearance:

Mr. Rajarshi Dutta, Advocate Mr. V. V. V. Shashtri, Advocate Mr. S. K. Kapur, Sr. Advocate Mr. Dhruba Ghosh, Advocate Mr. Sakya Sen, Advocate Mr. Varun Kedia, Advocate Mr. Altamash Alim, Advocate for respondent no. 1 Mr. Abhrajit Mitra, Sr. Advocate Mr. Rachit Lakhmani, Advocate Mr. Shantanu Chatterjee, Advocate Mr. Vishwarup Acharyya, Advocate Mr. Sourav Ray, Advocate for the appellant in APO 24/2022 The Court: We have heard learned counsel for the parties. We are of the view that the interim application before the learned trial court should be disposed of.

Mr. S. K. Kapur, learned senior advocate submits that his client's affidavit-in-opposition before the learned trial court is ready.

We allow his advocate-on-record to file the same in the department by tomorrow i.e. 27th April 2022. A copy thereof shall be served on Mr. Rajarshi Dutta's advocate-on-record by tomorrow. His client may file his affidavit-in-reply by 3rd May 2022.

Leave is granted to the respondent no. 2 to file an affidavit. The other parties may file a response thereto by 2nd May 2022. The said affidavits may be used before the learned trial court. We request the learned single judge to suitably adjourn the interim application to a date immediately after 3rd May 2022 and hear it out as early as possible.

Our interim order dated 14th February 2022 shall continue till 18th May 2022, subject to vacation, modification or extension that may be directed by the learned single judge on appreciation of the case of the parties.

All points are kept open before the learned trial court. The appeals and the applications are disposed of. (I. P. MUKERJI, J.) (ANIRUDDHA ROY, J.) R. Bose