IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Rajasekhar Mantha &

The Hon’ble Justice Ajay Kumar Gupta F.A. No. 274 of 2013 With I.A. No. CAN 10 of 2024 Sumit Kumar Kundu (Madhabi Kundu since deceased) & Ors.

Versus Subhra Kundu & Ors.

For the Appellants : Mr. Debajyoti Basu, Sr. Adv.

Mr. Diptomoy Talukdar, Adv.

Mr. Shirshania Roy, Adv.

Mr. Dibyendu Ghosh, Adv.

For the Respondents : Mr. Suman Dutt, Sr. Adv.

Mr. Siddhartha Banerjee, Adv.

Mr. Paritosh Sinha, Adv. Mr. Amitava Mitra, Adv.

Ms. Urmi Sengupta, Adv. Mr. Naman Agarwal, Adv.

Hearing concluded on : 2nd July, 2025 Judgment on : 7th July, 2025 Rajasekhar Mantha, J.

1. The appellants were the defendants in OS Suit No. 11 of 2001. They are aggrieved by the grant of letters of administration in favour of the Respondents by its judgment dated 13th March 2012, passed by the Additional District Judge, 8th Court at Alipore, South 24 Parganas.

I. FACTS OF THE CASE AND PROCEEDINGS IN THE TRIAL COURT

2. One Hridoy Krishna Kundu died in the town of Durgapur, on 31st May

1977.He was a Hindu governed by the Dayabhaga School of Hindu Law. At the time of his death, the deceased left behind two sons