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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 substitution of parties. (Para 1 , 2 , 3) |
| 2. dispute over property ownership post plaintiffs death. (Para 4 , 5 , 7) |
| 3. arguments regarding executor's rights under the will. (Para 6 , 9 , 10) |
| 4. legal basis for executorship and property vesting. (Para 11 , 12 , 13) |
| 5. affirmation of the lower court's decision. (Para 14 , 15 , 16) |
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 injunction from creating any disturbance in peaceful joint and ejmal possession of th
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