Calcutta High Court
Labanya Prova Ghosh vs Unknown on 16 May, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER
PLA No. 245 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
IN THE GOODS OF:
LABANYA PROVA GHOSH, DECEASED
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 16th May, 2017.
The Registrar-in-Insolvency has placed before this court two communications dated 11th August 2015 and 5th May 2017 from Subimal Ghosh and Sukumal Ghosh expressing their intention not to proceed further in view of settlement arrived at between the parties. However, no such document is on record.
It appears that Parimal Ghosh, Subimal Ghosh and Sukumal Ghosh and their sons, grandsons and heirs in possession are the beneficiaries under the Will. The testatrix was survived by two daughters and three sons. One of the daughters Smt. Mukul Guha Mustafi appears to have filed an affidavit of consent.
Under such circumstances, the probate application stands dismissed for non-prosecution.
The department is directed to communicate this order to the possible intestate heirs mentioned in paragraph 10 of the petition at the addresses mentioned for their information.
The petitioner shall be entitled to return of the original documents upon furnishing loco copies thereof.
The letters dated 11th August 2017 and 5th May 2017 are kept with the record.
(SOUMEN SEN, J.) S. Kumar