In The Goods Of Gauri Bose Alias Gouri Bose (Dec.) v. Na

OD-12

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE IA NO. GA 1 OF 2024 IN PLA 592 OF 2022

IN THE GOODS OF:

GAURI BOSE ALIAS GOURI BOSE (DEC.)

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 18th January, 2024 Appearance:- Mr. Javed Mojid, Adv.

Mr. H. Ghosh, Adv.

For applicant The Court : This is an application by the executor appointed under the last Will and Testament dated 16th June, 2016 said to have been left behind by the deceased abovenamed.

It is submitted by the applicant that although the Will was executed in front of the Registrar and the Will is a registered document but it suffers from a lacuna that there is only one attesting witness. The applicant, therefore, intends to withdraw this application and file an application for Letters of Administration with the Will dated 16th June, 2016 annexed thereto. The application is allowed. The application for grant of probate being PLA 592 of 2022 is dismissed as withdrawn.

The department is directed to return the original Will annexed to PLA 592 of 2022 as also the court fees paid for filing the said application being PLA 592 of 2022 after completing the requisite formalities. The applicant shall be at liberty to file an application for grant of Letters of Administration with the Will dated 16th June, 2016 annexed thereto by using the

self-same court fees, if otherwise permissible in law. Nothing further remains in this application.

The application being GA 1 of 2024 is accordingly disposed of. (ARINDAM MUKHERJEE, J.) sb/