Calcutta High Court (Appellete Side)
Smt. Arundhati Roy Chowdhury vs Subrata Roy on 13 March, 2020
1 10,SL,Ct.18. 13.03.2020
.
AJ.
C.O. 988 of 2020 Smt. Arundhati Roy Chowdhury
-Vs-
Subrata Roy Mr. Purbangshu Chandra Mitra, Mrs. Piyali Mitra.
... for the petitioner.
The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite party, as such service of notice of the present application upon the said opposite party is dispensed with.
The mother of the petitioner Pratima Roy Chowdhury (deceased) was the named executor of the alleged last Will and Testament of her mother Bhabani Rani Roy, who applied for grant of probate of the said Will.
The said application for grant was initially registered as Original Suit No. 46 of 2011 subsequently renumbered as Original Suit No. 12 of 2014.
On the death of the mother of the petitioner the proceeding was converted into a proceeding for grant of Letters of Administration and is pending disposal before the 10th Court of the learned Additional District Judge at Alipore, district 24-Parganas (South).
The grievance of the petitioner is that the issues in the suit have not yet been framed although the learned Trial Judge is fixing the date for framing such issues since September 11, 2019.
2
The pleadings in the suit are complete, therefore, there cannot be any impediment for framing the said issues.
C.O.988 of 2020 is disposed of by directing the learned Trial Judge to frame the issues in the suit on the next date fixed, positively irrespective of filing of any suggested issues by the parties.
The learned Trial Judge is requested that after framing of the said issues he shall make all endeavour to dispose of the said suit expeditiously.
There shall be no order for costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)