Full Judgment
ORDER
SHEET GA NO.3021 OF 2011 WITH PLA NO.296 OF 2009 GA NO.2140 OF 2010 GA NO.2696 OF 2012 GA NO.3048 OF 2009 GA NOK.358 OF 2012 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : NILKANTA BHAKTA @ NABARUN KANTI BHAKTA AND SHUBHRANGSHU BHAKTA & SUKRITI BHAKTA ………… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th March, 2014.
Mr.S.Dutta, Mr.A.K.Ghosh…appear.
Mr.B.Biswas, Mr.S.Karmakar…appear.
Mr.S.K.Chatterjee…appeaRs.Mr.S.Dutta, Mr.D.Basu…appear.
The Court : Further to the order dated 3rd March, 2014, all the parties and their advocates on record held a meeting at the office of Mr.A.K.Ghosh, advocate at 10, Old Post Office Street, Ground floor, Kolkata-700001 on 10th March, 2014 at 5 p.m.Minutes have been drawn up in accordance with the order, which are taken on record.
The parties have also come up with a suggested order, which is also taken on record.
The suggested order is set out below.
“It is submitted on behalf of the parties that pursuant to the order dated 3rd March, 2014 a meeting was held in the office of Mr.Abhijit Kumar Ghosh, Advocate on 10th March, 2014 and the parties concerned with the Will and five Codicils including all legal heirs of the Testator, Nilkanta Bhakta @ Nabarun Kanti Bhakta (Deceased) have agreed to the appointment of Mr.Supriya Bhakta, the youngest son of the Testator to act as Administrator with liberty to obtain Letters of Administration of the Will dated 03.03.2007 and five Codicils three dated 02.04.2007 and two dated 28.11.2007.
It is reported that the parties have signed a Memorandum of Settlement dated 10th March, 2014 recording settlement of their disputes and differences.
The original minutes of the meeting held on 10th March, 2014 together with a copy of such Memorandum of Settlement dated 10th March, 2014 has been produced by Mr.Ghosh, Advocate before the Court and the same be kept on record.
Accordingly, Mr.Supriya Bhakta will act as Administrator with liberty to obtain Letters of Administration of the Will and five Codicils of the Testator, without furnishing any security.
The Administrator will take necessary steps as expeditiously as possible.
All the executors named with said Will and the said five Codicils appear before this Court through their respective Learned Advocates and pray for their renouncement.
Such prayer is allowed.
In that view of the matter, the executors named in the Will and five Codicils of the Testator stand discharged.
Let the original five numbers of the Codicils be handed over to Mr.Debsoumya Basak, Advocate-on-Record for the Administrator by the respective beneficiaries forthwith.
The Joint Administrators Pendentilite, namely, Smt.
Eva Acharyya and Mr.Shubrangshu Bhakta, who are appointed pursuant to the order dated 23rd June, 2010, pray for their discharge.
By consent of all parties, such prayer is granted and Mr.Supriya Bhakta will act as sole Administrator for all purposes.
The sole Administrator shall be at liberty to collect rent from the tenants in respect of the portions of the Salt Lake property as well as the Muchipara property which are allotted to the sons of the Testator.
On prayers of the respective petitioners the applications, being G.A.No.2696 of 2012 and G.A.No.3021 of 2011, stand disposed of as no further order need be passed thereon in view of aforesaid.
Leave be granted to the Administrator appointed herein to deposit the maximum advaloram Court Fees in the department.
Leave be granted to Mr.Debsoumya Basak, Advocate-on-Record for the Administrator to file his Vakalatnama in the department.” I pass orders in accordance with the suggested order.
The applications [GA No.2696 of 2012 and GA No.3021 of 2011].are disposed of.
I record that GA No.2140 of 2010, GA No.3048 of 2009 and GA No.358 of 2012 were disposed of earlier.
Furthermore, the newly appointed administrator Mr.Supriya Bhakta is given leave to apply for Letters of Administration with copies of the Will and five codicils annexed within 31st March, 2014, in this Court.
PLA No.296 of 2009 is dismissed as withdrawn, subject to filing of the application for grant of Letters of Administration by 31st March, 2014.
The original Will in PLA No.296 of 2009 will be handed over to Mr.Debsoumya Basak, advocate on record for the appointed administrator, upon due verification by the department of his identity.
The department will retain a copy of the Will.
Liberty to apply.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I.
Pkd.
A.R.[C.R.P.
MUKERJI, J.)