In The Goods Of : Samir Gupta (Dec.) v.

OD-28 wt. 29 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/323/2022

IN THE GOODS OF:

SAMIR KUMAR GOOPTU (GUPTA) ALIAS SAMIR GUPTA (DEC) With PLA/320/2018

IN THE GOODS OF:

SAMIR GUPTA (DEC)

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: March 18, 2025.

Appearance:

Mr. Soumyajit Ghosh, Adv.

Ms. Rita Mukherjee Adv.

Mr. Kaushik Mondal, Adv.

Mr. Dipto Ghosh, Adv.

... for the petitioner in PLA/323/2022 and caveator in PLA/320/2018 Mr. Suman Kr. Dutt, Sr. Adv.

Mr. Asif Hussuin, Adv.

Mr. Dhiraj Kr. Gupta, Adv.

Mr. Swarup Saha, Adv.

...for the petitioner in PLA/320/2018 and caveator in PLA/323/2022

1. Mr. Soumyajit Ghosh, learned Advocate, is appearing for the petitioner in PLA/323/2022 and caveator in PLA/320/2018.

2. Mr. Suman Kr. Dutt, learned Senior Advocate, is appearing for the petitioner in PLA/320/2018 and caveator in PLA/323/2022.

3. Counsel for the petitioner in PLA/323/2022 submits that the caveator has lodged the caveat but has not filed the affidavit in support of caveat within the period as prescribed under law.

4. Counsel for the petitioner in PLA/323/2022 submits that the caveator has filed affidavit in support of caveat.

5. Counsel for the petitioner in PLA/320/2018, on instruction, submits if one week time is granted, he will take appropriate steps for withdrawal of the appeal preferred by the petitioner in PLA/320/2018.

6. Counsel for the caveator in PLA/323/2022 prays for a week's time to file affidavit in support of caveat.

7. For the interest of justice, as a matter of last chance, time to file affidavit in support of caveat is extended for a further period of one week from date.

8. It is made clear that if within a week the caveator fails to file affidavit in support of caveat, PLA/323/2022 will be proceeded without the affidavit in support of caveat.

9. List these matters on 1st April, 2025.

(KRISHNA RAO, J.) RS