Calcutta High Court
Kedar Nath Das vs Manick Lal Das & Ors on 9 December, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER
GA No. 3818 of 2015
CS No. 429 of 1990
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
KEDAR NATH DAS
Versus
MANICK LAL DAS & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 9th December, 2015.
Appearance:
Mr. Rudra Narayan Chaudhuri, Advocate Mr. Chhandak Dutta, Advocate ...for the plaintiff.
Mr. Amitava Das, Advocate.
This application is filed for modification of the order dated 21st January 2015 passed in GA No. 2777 of 2014 on the ground that there was an inadvertent error in prayer (c) of the application being GA No. 2777 of 2014. It is submitted that in prayer (c) of that application it was wrongly mentioned that the owelty money payable by the defendant Nos. 3, 8 and 9 would be Rs. 8,847/- and that payable by the defendant Nos. 5 to 7 would be Rs. 54,918/-. In fact, it would be just the reverse situation, where defendant Nos. 5 to 7 would be required to pay Rs. 8,847/- as owelty money and the defendant Nos. 3, 8 and 9 would be required to pay Rs. 54,918/- as owelty money. It is submitted by the learned counsel that the defendant nos. 3, 8 and 9 have already deposited a sum of 2 Rs. 54,918/- as owelty money along with interest in terms of the report of the Learned Commissioner of Partition.
Under such circumstances, there shall be an order in terms of prayer (b) of the petition. The order dated 21st January 2015 is modified by recording that the owelty money payable by the defendant Nos. 5 to 7 would be Rs. 8,847 and that payable by the defendant Nos. 3, 8 and 9 would be Rs. 54,918/-. There shall also be an order in terms of prayer (b) of the petition. The defendant Nos. 5 to 7 shall pay the aforesaid sum together with the interest in terms of prayer (b) of the petition within two weeks from date.
GA No. 3819 of 2015 stands disposed of. There shall be no order as to costs.
( SOUMEN SEN, J. ) S. Kumar