Kolkata Court March 1976 Judgments
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Asoke Naidu Vs. Raymond S. Mulu
Court: Kolkata
Decided on: Mar-01-1976
Reported in: AIR1976Cal272
N.C. Mukherji, J. 1. This appeal has been filed against the order dated 28th February 1975 passed by the Additional District Judge, 1st Court Midnapore in Misc. Appeal No. 189 of 1974 reversing those of the learned Munsif, Jhargram in J. Misc. Case No. 79 of 1972 under Section 372 of the Indian Succession Act. 2. The facts of the case may briefly be stated as follows:-- 3. The respondent filed an application under Section 372 of the Indian Succession Act for issue of Succession certificate. The respondent's case is that Dr. (Miss) Janaki Naidu, who was a lady doctor attached to Jhargram Sub-Divisional Hospital died at the said hospital unmarried on 19-3-1972. Dr. Naidu was a Hindu and she left the respondent who is her brother as her only heir. Dr. Naidu left some amount in the local Branch of the State Bank of India and the Jihargram Post Office Savings Bank. That the respondent being the sole heir of Dr. Naidu is entitled to apply for a succession certificate. 4. The appellant contes...
Rathindra Nath Mitra Vs. Mrs. Angur Bala Mullick and anr.
Court: Kolkata
Decided on: Mar-01-1976
Reported in: AIR1976Cal320
ORDERSabyasachi Mukharji, J.1. The plaintiff in the instant case had filed this suit against the defendants on the 2nd of July, 1974, for a declaration of charge in respect of two immoveable properties belonging to the defendants and for a decree under Order 34, Rule 5-A of the Code of Civil Procedure. A preliminary mortgage decree was passed on the 7th March, 1975. Thereafter, 0s the defendants failed to pay the dues in accordance with the preliminary decree an application was made. From the said preliminary decree an appeal was preferred end is still pending. Thereafter, as the defendants did not pay the decretal dues, an application was made for a final decree. I passed the final decree on the 16th December, 1975, An appeal fro the said final decree is pending. These shortly are facts relevant for the purpose of this application. The petitioner thereafter made an application to the court of appeal for interim stay or decree pending the hearing of the appeal from the final decree. No...
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