OD-10 APOT/171/2025 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side In the goods of: ASHIM KUMAR SIRCAR (DECEASED) -AND- HIMANGSHU SWIN -VERSUS- SHYAMALI SIRCAR (NEE GANGULY) BEFORE : THE HON’BLE JUSTICE DEBANGSU BASAK And THE HON’BLE JUSTICE MD. SHABBAR RASHIDI Date : 3rd February, 2026. Appearance: Mr. Tapan Coomar Dey, Adv. Ms. Shreya Chatterjee, Adv. ...for the appellant. Ms. Shyamali Sircar (in person) ...for the respondent. The Court :- Appeal is directed against the judgment and order dated May 19, 2025 passed in IA No.GA/8/2023 in PLA/183/2009. By the impugned judgment and order, learned Single Judge dismissed the application for discharge of caveat. Caveatrix claims herself to be the married wife of the deceased. In the event, the caveatrix is in a position to sustain such claim, no doubt, she possesses caveatable interest in the estate of the deceased. On the basis of affidavit evidence, such issue as to whether or not there is caveatable interest of the caveatrix, in the estate of the deceased, in the facts and circumstances of the present case, need not be entered into. 2 Learned Single Judge rightly, therefore, did not enter into such issue on the basis of affidavit evidence by way of an application. We find no ground to interfere with the impugned judgment and order. Accordingly, APOT/171/2025 is dismissed without any order as to costs. (DEBANGSU BASAK, J.) (MD. SHABBAR RASHIDI, J.) A/s.