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2023 DAILYLAW 2019 (CAL)

IN THE GOODS OF SUKHI DEVI DUGAR (DEC.) v. NA

PLA/166/2023 · 2026-07-28

Om Narayan Rai

body2023

Judgment text

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OD-14 IN THE HIGH COURT AT CALCUTTA (Testamentary and Intestate Jurisdiction) ORIGINAL SIDE PLA/166/2023 IN THE GOODS OF : SUKHI DEVI DUGAR (DEC.) BEFORE: The Hon'ble JUSTICE OM NARAYAN RAI Date : 28th July, 2026 Appearance: Mr. Pourush Bandyopadhyay, Adv. Mr .Dwip Raj Basu, Adv. The Court:- This is an application for grant of probate of the last Will and testament dated May 15, 2008 left behind by the abovenamed testatrix. The Will was registered before the Additional Registrar of Assurances-III, Kolkata on the same day. The husband of the testatrix pre-deceased her. She has left behind four legal heirs who have been described in paragraph 6 of the application for grant of probate. One of them is the executor and the other three have consented to the grant by filing affidavits of consent. The Will has been proved in common form by affidavit of one of the attesting witnesses. The learned Advocate appearing for the petitioner invites the attention of this Court to the judgment of the Hon’ble Division Bench in the case of Prabir Chandra Sen (APOT/139/2025) delivered on September 22, 2025, and submits that in view thereof, compliance with the order dated March 10, 2025, is no longer required. It is noticed that the order dated March 10, 2025, has been passed on the basis of judgment and order dated January 16, 2025 delivered in PLA 115 of 2 2023. The said judgment and order dated January 16, 2025 was set aside by the Hon’ble Division Bench by the judgment and order dated September 22, 2025. Accordingly, there is substance in the submission made by the learned Advocate appearing for the petitioner. Since the file has been placed before this Court for the grant, by the Registrar Insolvency upon complete scrutiny, therefore considering the said view of the department the application for grant of probate is allowed by granting order in terms of prayer (a) of the petition. The petition for grant of probate stands disposed of accordingly. (OM NARAYAN RAI, J.) SK.