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Calcutta High Court

Devendra Nath Bhattacharya (Deceased) vs Unknown on 14 July, 2016

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

O-151
                                   PLA No.71 of 2012
                                   GA No.881 of 2012
                                    TS No.2 of 2012

                         IN THE HIGH COURT AT CALCUTTA
                        Testamentary and Intestate Jurisdiction
                                  ORIGINAL SIDE



                             IN THE GOODS OF :
                   DEVENDRA NATH BHATTACHARYA (DECEASED)



  BEFORE:

  The Hon'ble JUSTICE SANJIB BANERJEE

Date : 14th July, 2016.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.
Ms. Sutapa Sanyal, Adv.
Mr. A. Gupta, Adv.
Mr. P. P. Banerjee, Sr. Adv.
Mr. Sudip Deb, Adv.
Mr. S. Chatterjee, Adv.
Mr. Jishnu Saha, Adv.
The Court : GA No.881 of 2012 is an application by a legatee under the alleged Will seeking removal of the executor. A probate was granted in 2007 and revoked upon a possible intestate heir citing non-service of special citation. The revocation was in 2008.
The appearing parties say that the primary asset is a 16-bigha land near Dum Dum. There appears to be an injunction subsisting in respect of the land in 2 question. The appearing parties report that discovery and inspection have been completed and the suit is otherwise ready for hearing.
In view of such submission, GA No.881 of 2012 is not taken up and is directed to go out of this list with liberty to the parties to mention the testamentary suit before the appropriate Bench for the suit and all applications therein to be taken up by such Bench.
(SANJIB BANERJEE, J.) bp.