Jairudra Prasad Singh Deo v. Durga Prasad Singh Deo And ORS

ORDER SHEET OD-2 & 3

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APOT/28/2022 WITH CS/251/2007 IA NO:GA/1/2022, GA/2/2022 RUCHI SINGH DEO ALIAS ISHVARI RAJE SINGH DEO AND ORS.

VS DURGA PRASAD SINGH DEO APOT/29/2022 WITH CS/251/2007 IA NO:GA/1/2022, GA/2/2022 JAIRUDRA PRASAD SINGH DEO VS DURGA PRASAD SINGH DEO AND ORS.

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE ANIRUDDHA ROY Date : 22nd February, 2022 (Via Video Conference) Appearance:

Mr.Priyankar Saha, Adv.

Ms. Nilanjana Adhya, Adv.

Mr. Avirup Mondal, Adv.

Mr. A.Z.Mondal, Adv.

For appellant in APOT No.28 of 2022 and Proforma respondent in APOT 29 of 2022 Mr. Chayan Gupta, Adv.

Ms. Pooja Jemarajka, Adv.

For respondent no.1 in APOT No.28 of 2022 Mr. Varun Kedia, Adv.

For defendant-respondent no.2 in APOT No. 28 & 29 of 2022 The Court : Affidavits of service filed in court be taken on record. Each of the appeals is admitted. We proposed to hear them out dispensing with all formalities.

The impugned judgment and order was made on 14th December, 2021, inter alia, directing filing of affidavits and listing of the application after six weeks of the order.

The application before the learned single judge is ripe for hearing. The interim order that was made was that the plaintiff no.1(d) "shall not take any steps with regard to mutation of property or claiming any right in respect of any trust properties of the estate". We do not think that there is any infirmity in this order. We only clarify that the plaintiff no.1(d) or any other party to the terms of settlement would not be disentitled to assert a right to the estate but would not deal with the property till further orders. Although the plaintiff no.1(d) by virtue of this order would not be able to effect mutation in the land records, the impugned order would not prevent the said plaintiff no.1(d) from paying tax on the property or discharge any statutory obligation that may arise out of the terms of settlement.

We request the learned single judge to dispose of the interim application as early as possible.

Both the appeals and the applications (APOT/28/2022, IA NO: GA/1/2022, IA NO: GA/2/2022 and APOT/29/2022, IA NO: GA/1/2022, IA NO: GA/2/2022 ) are disposed of.

Since affidavits have not invited, the allegations contained in the stay petitions are deemed not to be admitted.

(I.

P. MUKERJI, J) (ANIRUDDHA ROY , J) sb.