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CALCUTTA HIGH COURT
Chaitali Chatterjee (Das), J
RAJASHREE RAY BANDYOPADHYAY – Appellant
Versus
PARTHA SARATHI ROY – Respondent
| Table of Content |
|---|
| 1. application challenging previous court order. (Para 1) |
| 2. case background regarding ownership and injunction. (Para 2 , 3) |
| 3. issues concerning substitution following original plaintiff's death. (Para 5 , 9) |
| 4. affirmation of executor's immediate rights over the property. (Para 6 , 11 , 14) |
| 5. court's views on executor authority and substitution process. (Para 8 , 10 , 12) |
| 6. revisional application dismissed; no cost order. (Para 15) |
1. This application under Article 227 of the Constitution of India has been filed challenging the order dated 6th March, 2020 passed by the learned Civil Judge, Senior Division, 2nd Court, Barasat in Title Suit No.669 of 2017 allowing the application filed by the Defendant No.2 for substitution.
2. The case of the petitioner is that a suit for declaration of title and permanent injunction and accounts was filed by the mother of the present petitioner and respondent in respect of the three storeyed building in Plot No.1, Block-DB, Sector-I, Salt Lake City, District 24-Parganas (North).
3. The prayers of the said suit were for declaration of joint ownership to the extent of ‰ + 1/3 in respect of the suit property along with the permanent injun
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