Indrajit Samanta vs Mukul Samanta - 2024 Supreme(Cal) 1391

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1391

SUGATO MAJUMDAR
Indrajit Samanta – Appellant
Versus
Mukul Samanta – Respondent

Advocates:
Advocate Appeared:
For the Plaintiffs : Arunabha Sengupta, Pankaj Gupta.
For the Defendants : Sayantan Bose, Sarbajit Mukherjee, Ankita Choudhury, Sattik Raut.

JUDGMENT :

SUGATO MAJUMDAR, J.

1. The instant suit is a suit for declaration, permanent injunction and partition.

2. Plaint case may be summarized at first. The original Plaintiff no. 1 & 2 and the original Defendant no. 1 are brothers of the same blood. The original Defendant no. 1 was the eldest brother. The original Defendant no. 2 & 3 are the sons of the original Defendant no. 1. The original Defendant no. 4 is the wife of the original Defendant no. 2. The original Defendant no. 5 & 6 are the sister’s sons of the original Plaintiffs and the original Defendant no. 1. The original Plaintiffs and the original Defendant no. 1 were the sons of late Bhushan Chandra Mondal and they had their ancestral home in the district of Burdwan. All the sons of late Bhushan Chandra Mondal formed a joint Hindu family. These three brothers, namely, the original Plaintiffs and the Defendant no. 1, in their prime came to Calcutta to make fortunes. After coming to Calcutta, they started their first joint business under the name and style of M/S. Arnapurna Vegetable Stores in a shop-room at 50, Kali Krishna Tagore Street, Calcutta-700007 out of the joint assets but in the name of the Plaintiff no. 1 as pr