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2023 Supreme(Cal) 748

KRISHNA RAO
In The Goods Of : Samir Gupta (Dec. ) – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Applicant : Mr. Dhruba Ghosh, Sr. Adv., Mr. Kaushik Mandal, Mr. Soumyajit Ghosh, Ms. Rita Mukherjee, Ms. Priyanka Das.
For the Respondent: Mr. Sakya Sen, Sr. Adv., Mr. Asif Hussain, Mr. Dhiraj Kumar Gupta, Mr. Swarup Saha.

JUDGMENT :

Krishna Rao, J.

1. The petitioner Smt. Meena Gupta Das had filed the present application being GA 1 of 2019 (Old No. GA 1698 of 2019) praying for the revocation of probate granted by this Court by an order dated 15th March, 2019 and issued on 10th May, 2019 executed by Samir Gupta and allied prayers.

2. The petitioner has filed the present application on the ground that the petitioner is the widow of the deceased Samir Kumar Gooptu (Gupta) and marriage between Samir Kumar Gooptu (Gupta) and the petitioner is solemnized on 20th February, 2010, according to the Hindu rites and customs and the marriage was registered on 22nd May, 2013 under Section 16 of Special Marriage Act, 1954.

3. It is the further case of the petitioner that out of their wedlock, no child was born and her husband Samir Kumar Gooptu died on 6th July, 2018 leaving behind her as his sole legal heir. The husband of the petitioner was the owner of two immovable properties i.e. :

    (i) CA-48, Sector-I, Salt Lake City, Kolkata – 700064 consisting of two storied building.

(ii) 71/C, Netaji Subhas Road, Kolkata – 700001, consisting of a partly three storied building.

4. The petitioner further contended that in the month

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