Calcutta High Court
Gocool Chandra Saha (Deceased) vs Unknown on 23 June, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
GA No. 3511 of 2010
PLA No. 148 of 1989
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF :
GOCOOL CHANDRA SAHA (deceased)
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 23rd June, 2016.
Mr. Aniruddha Mitra, Mr. Abhijit Nayak, Advs.
...appears Mr. Anubhav Sinha, Mr. S.K. Samanta, Advs.
...appears The Court : G.A. No. 3511 of 2010 is an application made by a party seeking revocation of the grant of probate. By the interim orders passed in this application the beneficiary was restrained from disposing of, alienating and transferring any of the properties that may have passed under the Will without the previous leave of the Court.
The application for revocation was allowed by the order dated May 11, 2016. Learned Advocate for the beneficiary submits that, an appeal has since been preferred from the order dated May 11, 2016. Learned Advocate for the applicant for revocation of the grant submits that, in spite of caveat, no notice of the so-called appeal has been served upon the advocate-on-record or on his client. 2
Learned Advocate for the beneficiary on instruction assures the Court that the present grant would be returned to the Court in terms of the order dated May 11, 2016 as expeditiously as possible.
In view of the application for revocation of the grant of probate being allowed, it would be proper to allow the G.A. No. 3511 of 2010 by confirming the interim orders passed herein.
Learned Advocate for the beneficiary submits that one of the properties has been sold prior to the order of injunction. The parties are at liberty to take steps with regard thereto.
G.A. No. 3511 of 2010 is disposed of. No order as to costs.
(DEBANGSU BASAK, J.) TR/