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Calcutta High CourtTS/15/2024disposed

In The Goods Of Santosh Narayan Ghosh (Dec) -And- In The Matter Of Sikha Garai v. Sipra Ghosh And ORS

2016-10-04Hon'Ble Justice Sanjib Banerjee2 pages

OD-25 ORDER SHEET IA No.GA 5 of 2024 In PLA 351 of 2013

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE

IN THE GOODS OF :

SANTOSH NARAYAN GHOSH, DECEASED

BEFORE:

The Hon'ble JUSTICE BIVAS PATTANAYAK Date: 15th July, 2024.

Mr. K. N. Jana, Advocate for the petitioner.

Mr. Indranil Nandi, Mr. Sayak Konar, Advocates for caveator. The Court : This is an application for allotting testamentary suit number in terms of the order of this Court dated 4th October, 2016 passed in GA 3035 of 2016.

Mr. K. N. Jana, learned Advocate for the petitioner submits that by an order dated 4th October, 2016 there was a direction to allot testamentary suit number to PLA 351 of 2013. However, till date no testamentary suit number has been allotted by the department. Since testamentary suit number has not been allotted, the discovery of documents could not be undertaken in terms of the aforesaid order. He seeks for appropriate direction.

Learned Advocate for the caveator does not raise any objection. By order dated 4th October, 2016 PLA 351 of 2013 was directed to be recorded as disposed of immediately upon allotment of a testamentary suit

number. It has been categorically contended in the application that no testamentary suit number has yet been allotted. The learned Registrar, Original Side is directed to furnish a report for not allotting testamentary suit number by the returnable date. List this matter on 22nd July, 2024.

(BIVAS PATTANAYAK, J.) pa