Calcutta High Court
Smt. Sabita Roy & Others vs Shyamal Kumar Das & Ors on 14 August, 2023
OD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IA NO. GA/7/2022
In CS/4/2011
SMT. SABITA ROY & OTHERS
Vs
SHYAMAL KUMAR DAS & ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : 14th August, 2023.
Appearance :
Mr. Arnab Mukherjee, Adv.
...for the plaintiff Mr. Emon Bhattacharyya, Adv.
..for the special Officer.
The Court: Counsel for the plaintiff is present. None appears on behalf of the defendant.
Learned Special Officer is also present.
Counsel for the plaintiff submits that in terms of the order dated 27th July, 2023 the plaintiff has made payment for publication of the advertisement in the newspaper for sale of the suit property with respect of the portion of the plaintiff to the Special Officer.
The Special Officer submitted that the defendant has not come forward for payment of the cost of publication of their share as ordered by this Court.
Counsel for the plaintiff further submits that it would also be appropriate along with the paper publication if the sale can be advertised through the website www. magicbricks.com, www.99acres.com, www.housing.com, www.makaan.com.2
Counsel for the plaintiff submits that plaintiff is ready to pay the cost of making the advertisement through website as mentioned above.
Counsel for the plaintiff submits that as the defendants are not coming forward for payment of the cost of their share for the publication and for the interest of justice, for the present the plaintiff is ready to make payment for paper publication as well as in the website advertisement subject to realisation of the said amount from the defendants subsequently.
Considering the submission made by the Counsel for the plaintiff, the plaintiff is directed to make payment of cost of share of the defendant for publication of the advertisement through paper publication as well as in the website and to keep the record for realisation of the said amount from the defendants subsequently.
The Special Officer is directed to make the paper publication in the daily English, Hindi and Bengali newspaper as well as in the website as mentioned above for the sale of the suit property within two weeks from date and to submit the report before this Court on 11th September, 2023.
Counsel for the plaintiff submits that the plaintiff has also filed the application being GA No. 8 of 2023 for deletion of the name of the defendant No.1.
Let the said application be listed on the 11th September, 2023 along with CS No. 4 of 2011.
(KRISHNA RAO, J.) Sbghosh