Form No. J(2)

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

Present: The Hon’be Justice Sabyasachi Bhattacharyya

And

The Hon’ble Justice Supratim Bhattacharya

F.A. 392 of 2025

IA No: CAN 1 of 2025

CAN 2 of 2025

Sri Subhra Goswami

Vs.

Nirmal Kumar Mukherjee (deceased) and others

For the appellant : Mr. Rahul Karmakar

Ms. Nita Saha

Mr. Abhijit Ch. Majumder

Ms. Nisha Agarwal

For the respondents : Mr. Tanmoy Mukherjee

Mr. Souvik Das

Mr. Rudranil Das

Heard on : 04.11.2025 Judgment on : 04.11.2025

Sabyasachi Bhattacharyya, J.:-

1. Since the questions involved in the appeal and the applications are similar, we are taking up the appeal for hearing, by dispensing with other formalities, as both the parties are before us.

2. The appellant filed a suit challenging a purported deed of settlement executed by the plaintiff/appellant’s mother Smt.

Rama Chatterjee.

3. The deed was alleged to be void in view of the executant Smt.

Rama Chatterjee being physically and mentally unfit as she was suffering from Cancer during the relevant period.

4. The learned trial Judge dismissed the suit on two counts.

5. First, the plaintiff derived knowledge of the suit in the year 2004 from a criminal proceedi