Judgment:
ORDER
SHEET G.A.No.1314 of 2013 C.S.O.S.NO.3 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RUKMINI PROPERTIES PVT LTD Versus MIRA GHOSH (PRESUMED DEAD) & ANR BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :
10. h May, 2013.
For Plaintiff/Petitioner : Mr.Jishnu Saha,Advocate Mr.Sakya Sen,Advocate Mr.S.S.Banerjee,Advocate Mr.A.Mukherjee,Advocate.
For added defendants : Mr.Arindam Banerjee,Advocate Mr.Lina Roy,Advocate Mr.Kinjal Boral,Advocate Mr.P.Das,Advocate The Court : Let G.A.No.1314 of 2013 taken out by Haider Khan said to be one of the co-owners be treated as on the day’s list.
This application is disposed of today by directing addition of him as a party defendant.
Bibi Jan, Muktar Sapui and Noor Jahan Tarafddar @ Choota Khatoon also said to be co-owners are also added as party defendants.
The addresses of these defendants have to be supplied by their respective advocates-on-record to the registry at the time of amendment, otherwise, they will not be added as parties.
Time to carry out the amendments is three weeks from the date of communication of this order, whole of the summer vacation being excepted.
Let affidavits be exchanged according to the following directions : Affidavit in opposition be filed by 10th June, 2013.
List this application on 24th June, 2013.
Affidavit in reply may be filed in the meantime.
In the meantime, Rukmini Properties PVT.LTD.will be at liberty to deposit the mortgage money together with interest with the Registrar, Original Side who will keep the sum invested in a term deposit with the State Bank of India, High Court Branch, Kolkata.
Notice of this deposit is to be given by the Registrar, Original Side to the Official Trustee.
The plaintiff will also serve a copy of the petition along with this order upon the Official Trustee to enable him to lay a claim on this money.
I hereby note that the mortgagee or her representative in interest, if any, is not appearing in spite of newspaper advertisements.
Interest on the mortgage amount will stop to run from the date of deposit of the above amount with the Registrar, Original Side.
I also record Mr.Saha’s submission that the parties added have got no right whatsoever on merits.
All parties concerned are to act on a signed photo copy of this order on the usual undertakings.
(I.P.MUKERJI, J.) ssaha AR(CR)