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2017 Supreme(Cal) 56

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Ashima Naha (nee Das) – Appellant
Versus
Ardhendu Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Manju Agarwal, Mr. Bajrong Manot, Ms. Barkha Kumari.
For the Respondent: Dr. H.K. Saha Roy, Mr. Samiran Giri, Mr. Madhusudan Saha Roy, Mr. Mrittynjoy Goswami, Mr. Parikshit Goswami.

Ishan Chandra Das, J.

1. Claiming herself to be an aggrieved by the judgment and order of granting probate of the Will dated 30.06.1983, executed by one Usha Ranjan Das, the appellant herein, being one of the offsprings (daughter) of the said testator, is assailing such judgment and order passed by learned Additional District Judge, 4th Court at Barasat, North 24 Parganas in Misc Case No. 511 of 1997 (Original Suit No. 34 of 1999).

2. Shorn of unnecessary details, the facts of the instant case, as stated in the application of such proceeding is that one Usha Ranjan Das who died on 21.01.1994, executed a Will on 30.06.1983 bequeathing his property as per schedule of the Will and the respondents no. 1, 2 & 3 along with the appellant were appointed as executors of the said Will. It was further stated in the said application that the testator of the Will(i.e. Usha Ranjan Das)was a Hindu by religion and he passed away leaving two sons, Arabinda Das(respondent no.1)of the probate proceeding, Ardhendu Das, the petitioner therein, three daughters Mandira Deb, Ashima Naha @ Das & Indira Sarkar. Ashima, the appellant herein (being the defendant no. 3 of the probate proceeding & hereinafter ref























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