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2025 Supreme(Online)(Cal) 7204

CALCUTTA HIGH COURT
TRUST ESTATE OF BANKIM CH ROY AND ANR – Appellant
Versus
SANDHYA DHAR AND ORS – Respondent


AD -13

Ct No.16

10.12.2025

(SSS)

FMAT 452 of 2025

With

CAN 1 of 2025

With

CAN 2 of 2025

Trust Estate of Bankim Chandra Roy and Anr.

Vs.

Smt. Sandhya Dhar and Ors.

Mr. Aniruddha Chatterjee, Snr. Adv.

Mr. Rahul Karmakar, Ms. Papiya Roy, Advs. ….For the Appellants.

Mr. Probal Kumar Mukherjee, Snr. Adv.,

Mr. Somnath Bose,

Mr. Saunak Bhattacharya, Advs.

….For the respondents.

1. We find from the application that sufficient reason for the delay in preferring the appeal has been made out. Accordingly, upon hearing learned counsel for the parties, CAN 2 of 2025 is allowed on contest, thereby condoning the delay in preferring FMAT 452 of 2025 without any order as

to costs.

2. The appeal is now taken up for hearing under

Order XLI Rule 11 of the Code of Civil Procedure.

3. The present appeal arises out of an order whereby both parties were directed to maintain status quo in respect of possession and enjoyment of the suit property as described in the plaint. Learned senior counsel appearing for the plaintiffs/appellants submits that the appellant

no. 2 is the surviving trustee of the appellant no. 1 trust, as against the defendants/respondents, who are respectively the sister, sister’s son and own son of the plain

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