In The Goods Of Mangalmay Addy (Deceased) v.

ORDER SHEET OD-6

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION IA No. GA/2/2024 In PLA/145/2010

IN THE GOODS OF:

MANGALMAY ADDY (DECEASED)

BEFORE:

The Hon'ble JUSTICE BIVAS PATTANAYAK Date: 25th June, 2024.

Appearance:

Mr. Uday Naryan Betal, Adv.

Mr. Partha Sarathi Mondal, Adv.

Mrs. Antara Das, Adv.

For the petitioner.

The Court:- Affidavit of service filed on behalf of the petitioner is taken on record.

This is an application for restoration of the application for grant of probate being PLA No. 145 of 2010.

By order dated 24th August, 2016 the application for grant of probate was dismissed for default.

It is found from the order dated 22nd June, 2016 passed in the application for grant of probate that a caveat and an affidavit in support of such caveat is pending.

Learned advocate for the petitioner informs the Court that he had made an application for obtaining the certified copy of such caveat along with the

affidavit on 5th March, 2024. However, till date the certified copy of the caveat and the affidavit have not been issued to the petitioner. He also informs this Court that caveator Nelay Chand Addy had already expired on 26th December, 2023.

In the aforesaid backdrop the Department concerned is directed to furnish a status report with regard to the caveat lodged by one Nelay Chand Addy positively on the next date fixed.

List this matter on 4th July, 2024.

(BIVAS PATTANAYAK, J.) snn.