Aniruddha Ghosh vs Somnath Ghosh - 2022 Supreme(Cal) 760

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2022 Supreme(Cal) 760

BIBEK CHAUDHURI
Aniruddha Ghosh – Appellant
Versus
Somnath Ghosh – Respondent

Advocates appeared:
Somopriyo Chowdhury, Advocate, Dipayan Dan, Advocate, Debashis Roy, Advocate, Pabitra Biswas, Advocate, Sreemayi Roy, Advocate

JUDGMENT

Bibek Chaudhuri, J. - This is an appeal under Section 341 of the Code of Criminal Procedure challenging the Order No. 24 dated 10th July, 2018 passed by the Learned additional District Judge, 3rd Court at Barasat in Misc. Case No. 1728/2017 arising out of O.S. 39/2015, thereby dismissing appellants' application under Section 340 of the Code of Criminal Procedure.

The background of the present appeal may be summarized in the following words: -

One annapurna Ghosh, since deceased, was the absolute owner of premises No.189, Bangur avenue, Block-C, Kolkata - 700 055 (hereinafter described as the premises in suit). It is the case of the appellants that during her lifetime she executed her last testament and Will on 7th august, 2014 bequeathing the premises in suit jointly to his youngest son and younger daughter in equal share. It was also provided in the Will that the bequeathees would pay a sum of Rs.50 lacks to the elder son of the testator, namely Somnath Ghosh either in lump sum or by installment within a period of 2 and 1/2 years from the date of execution of the Will. after the death of the testator, the legatees being the joint executors of the Will proposed to pay a sum o

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