5.12.2025

596 sb C.O. 3871 of 2024 Satinath Siddhanta Vs.

Smt. Snigdha Mukherjee Mr. Sourav Sen Ms. Subhangi Bhattacharya Ms. Adrisnata Chakraborty …for the Petitioner Mr. Anit Kumar Rakshit Md. Shakeel Khan Mr. Jane Alam …for the Opposite party Learned counsel for the petitioner submits that the opposite party herein being the plaintiff filed Title Suit no. 43 of 2017 against the present petitioner with a prayer for partition of the suit property. The said partition suit was decreed in preliminary form and thereafter, the final decree proceeding has been initiated and the partition commissioner has already submitted his report. The last order dated 2^nd April, 2025 shows that the Trial court has fixed the next date for examination of partition commissioner. In the meantime, the petitioner herein as defendant preferred an application for granting stay of the final decree proceeding in the aforesaid partition suit on the ground that the petitioner had already preferred an application for grant of probate of the will in respect of self-same suit property before the appropriate forum and the same has been numbered as Will Probate case no. 9 of 2022 before the court of learned Civil Judg