Calcutta High Court
Arun Kumar Mukherjee (Mukhopadhyay) vs Unknown on 2 November, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
O-113
ORDER SHEET
GA 3144 of 2015
With
PLA 289 of 2013
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
IN THE GOODS OF:
ARUN KUMAR MUKHERJEE (MUKHOPADHYAY)
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 2nd November, 2016.
Appearance:
Mr.Sanjib Mal, Adv.
Mr.Atanu Roychoudhuri, Adv.
Mr.Nirmalya Dasgupta, Adv.
Mr.Dibanath Dey, Adv.
Mr.Sakya Sen, Adv.
Mr.Udaynarayan Betal, Adv.
The Court: The application is for revocation of a probate granted on December 17, 2013. The principal ground is that the signatures of the applicants in the consent affidavit were forged as the applicants were not available in Kolkata on the relevant date and, in any event, had not signed the affidavit or consented to the grant.
Advocates representing the propounder claim that the client has not contacted them despite repeated letters. 2
Since there is an order of injunction which has already been passed, no further protection is immediately necessary. However, the estate should be preserved without any rights in respect thereof being created in favour of any person under the grant.
Advocates representing the propounder and the applicants should forward copies of this order to the propounder with the intimation that the matter will appear as an adjourned motion on November 7, 2016 and the grant may be revoked if the propounder is not represented.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) dg2