In The Goods Of Banwari Lall Khaitan, Deceased v. Na

ORDER SHEET OD-33 PLA/353/2021

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

BANWARI LALL KHAITAN, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 20th April, 2023.

Appearance:

Ms. Shreyasi Manna, Adv.

For the petitioner.

The Court :- The dispute as to the name of one of the attesting witnesses which arose due to the said person having signed the Will as Arjun Poddar and in the affidavit of attesting witness as Arjun Kumar Poddar has now been resolved by filing an affidavit affirmed before the 1st Class Magistrate wherein Arjun Kumar Poddar, son of Iswari Prasad Poddar, aged about 70 years, by faith Hindu, by Occupation: Business and residing at Space Town Housing Complex, VIP Road, Block-4, Flat No. 3D, Haldiram Bhujiwala, Kolkata 700 052 has been declared as the same and identical person as Arjun Poddar who had signed the Will left behind by the deceased on 7th March, 2006 as an attesting witness.

The original affidavit filed through the advocate's letter dated 18th April, 2023 is taken on record.

One of the sons and heir in intestacy of the deceased is the applicant in the capacity as an executor. The other heirs/heiresses in intestacy of the deceased have consented to the grant. Let probate of the last Will and

Testament dated 7th March, 2006 left behind by Banwari Lall Khaitan be granted to the petitioner in terms of prayer [a] of the application. The application for grant of probate stands disposed of, accordingly. (ARINDAM MUKHERJEE, J.) snn