Judgment:
ORDER
SHEET GA NO.767 OF2014WITH PLA No.104 OF2011GA NO.2019 OF2012IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: RABIN KUMAR MITRA [DECD.].AND ASHA MUKUL MITRA versus SURJEET DASH & THE SECRETARY ………… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th April, 2014.
Mr.S.Sen…appeaRs.Mr.J.Kar, Mr.A.Pramanick…appear.
The Court : This is an application made by the caveator.
He has filed an affidavit in support of the caveat and submits that the proceedings be marked as a contentious cause.
His submission is justified.
Another submission which is made on behalf of the applicant is that the executor and sole legatee is an outsider and that an order of injunction be passed restraining him from dealing with the flat which is the legacy and mentioned in prayer [a].of the Notice of Motion.
I pass an order in terms of prayer [c].of the Notice of Motion.
It is true that in extraordinary circumstances the executor has the power to deal with the assets of the deceased.
I do not want to fetter that power by grant of an injunction.
However, in the facts and circumstances of the case, the executor will seek leave of this Court by a proper application before dealing with the flat in question.
On the suggestion of Mr.Kar, cross order for discovery by 16th June, 2014.
Inspection forthwith.
Liberty to mention for early hearing.
The department is directed to register and number the application as a suit positively by 16th May, 2014.
The name of the respondent no.2 may be deleted from the cause title, as it is an unnecessary party.
This application [GA No.767 of 2014].is accordingly disposed of.
Affidavits were not invited.
Hence, allegations contained in the petition are deemed not to be admitted.
The application [GA No.2019 of 2012].has already been disposed of.
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.)