Calcutta High Court
Pusparani Chowdhury(Deceased) vs Unknown on 14 August, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER
GA No.749 of 2019
PLA No.361 of 2007
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF:
PUSPARANI CHOWDHURY(DECEASED)
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date: 14th August, 2019 Mr. Sudhhasatva Banerjee, Adv. with Mr. Sagnik Majumdar, Adv.
..for the petitioner Mr. Debasish Chattopadhyay, Adv.
..for the executor The Court : This is an application at the instance of the daughter-in-law of the deceased testator for revocation of the grant of probate dated February 5, 2009 in respect of the Will of the deceased testator dated July 1, 2002.
On April 18, 2019 when this application was taken up for hearing, the executor who obtained the probate in question was granted opportunity to file his affidavit-in-opposition by April 30, 2019. However, even after expiry of a more than four months, the executor has not filed any affidavit-in-opposition nor has he approached this Court for obtaining extension of time for filing affidavit-in- opposition.
Today, when this application was taken up for hearing, a prayer is made on behalf of the executor for extension of time to file affidavit-in-opposition. Such prayer is allowed. Let the executor file the affidavit-in-opposition within two weeks 2 from date; reply thereto, if any, be filed within two weeks thereafter. The application will appear, under the heading 'Chamber Application for Final Disposal', on September 17, 2019.
The interim order already passed on April 18, 2019 shall continue till the disposal of the application.
(ASHIS KUMAR CHAKRABORTY, J.) akg/