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2025 Supreme(Online)(Cal) 3868

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
Raj Kumari Debi Sharma – Appellant
Versus
Bajrang Lal Sharma – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Aniruddha Chatterjee, Sr. Advocate
For the Respondents: Mr. Sukanta Chakraborty, Mr. Anindya Halder

BP/(S. Banerjee) Bajrang Lal Sharma Mr. Aniruddha Chatterjee, Sr. Advocate Mr. Ishwar Chandra Sharma ..for the petitioner Mr. Sukanta Chakraborty Mr. Anindya Halder ..for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 32 dated March 27, 2025 passed by the learned Additional District Judge, 1st Court at Asansol in O.S.

Will Case No. 01 of 2021.

By the order impugned, the application under Section 10 of the Code of Civil Procedure stood rejected.

Mr. Chatterjee, learned senior advocate appearing for the petitioner submits that though the petitioner filed an application for stay of all further proceedings of the probate suit but, on instructions, he submits that the probate suit and the partition suit are to be clubbed together and heard analogously. He further submits that the opposite party herein filed a suit for declaration that he is the adopted son of Sabitri Debi Sharma that is the testatrix. He submits that the Hon’ble Division Bench in FMA 4349 of 2015 directed the partition suit and the suit for declaration that the opposite party is the adopted son of Sabitri

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