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2024 Supreme(Online)(CAL) 666

CALCUTTA HIGH COURT
Justice Krishna Rao, J
IN THR GOODS OF : JYOTI PRAKASH BHATTACHARJEE (DEC) -AND- – Appellant
Versus
KIRAN CHANDRA BARAI & ANR. -VS- PARTHA SARATHY BHATTACHARJEE – Respondent


Advocates:
Ms. Nilanjana Adhya, Mr. Dhruba Ghosh, Sr. Adv., Mr. Soumyajit Ghosh, Mr. Indrajeet Karfa

Krishna Rao, J.:

1.

The Plaintiffs have initially filed an application for grant of probate of the last Will and Testament dated 5th July, 2007 of Late Jyoti Prakash Bhattacharjee being PLA No. 270 of 2017.

2.

By an order dated 1st February, 2018, this Court issued special citation and general citation. Upon issuance of citations, the defendant has entered appearance and filed caveat and affidavit in support of caveat.

On receipt of caveat and affidavit in support of caveat, PLA No. 270 of 2017 is converted to Testamentary Suit No. 14 of 2018.

3.

Jyoti Prakash Bhattacharjee died on 7th November, 2009, left behind his wife, namely, Chitralekha Bhattacharjee (since deceased), Partha Sarathi Bhattacharjee, his Son (the defendant herein), Smt. Chandana Sanyal and Ranjana Ghosal, his Daughters.

4.

The plaintiffs say that on 5th July, 2007, Jyoti Prakash Bhattacharjee (since deceased) has executed his last Will and Testament by appointing the plaintiffs herein as joint executors with respect to his piece and parcel of land or ground measuring an area 10(Ten) Cottahs, 3 (Three) Chattaks, 30 (Thirty) Sq. Ft to be a little more or less being plot No. 35 of Sub-Block No. 9 of Block B in the town of

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