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2025 Supreme(Online)(Cal) 3777

CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Uday Kumar, JJ
Swapan Belel – Appellant
Versus
Tapan Belel and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Subarna Bank
For the Respondents: Mr. Aniket Mitra, Mr. Tapas Singha Ray, Mr. Biswarup Chatterjee

1. Learned counsel for the proforma respondent nos.10 to 14 seeks an opportunity to file an affidavit-in-reply/rejoinder to the affidavit-in- opposition used by the respondent nos.1 and 2 to CAN 1 of 2025.

2. Learned counsel for the appellant seeks an extension of the time to file affidavit-in-reply on the ground of sickness of learned counsel for the appellant.

3. Learned counsel for the respondent nos.1 and 2 seriously opposes the prayer for adjournment and contends that the construction intended by the respondent nos.1 and 2, which has already been started, is being unnecessarily stalled indefinitely due to the prolongation of the matter in view of the adjournments sought by the appellant.

4. It is further submitted that a probate was granted long back but the said fact was suppressed by the appellant in their application.

5. Be that as it may, since the proforma respondents, who were the plaintiffs in the suit before the trial court, have every right to use a rejoinder and bring their own pleadings on record, the respondent nos.1 and 2 are directed to serve a copy of their affidavit-in-opposition on the learned Advocate for the proforma respondent nos.10 to 14 during the course of

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