OD-103 ALP/11/2025 IN THE HIGH COURT AT CALCUTTA Extra-Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHOKA ACHARYYA -VERSUS- DIPAK BANERJEE. BEFORE: The Hon'ble JUSTICE SHAMPA DUTT (PAUL) Date : 17th September, 2026 Appearance: Mr. Kushal Chatterjee, Adv. Mr. Oishik Chatterjee, Adv. ...for the petitioner. The Court: ALP No. 11 of 2025 has been preferred praying for transfer of suit No. O.S 8 of 2000 pending before the learned 8th Additional District Judge at Alipore along with Misc. Case No. 375 of 2018 and Misc. Case no 762 of 2017 to this Hon’ble Court. In spite of service, none appear for the opposite party. It is the contention of the petitioner herein that vide an order dated 24th July, 2000 in Appeal No. 585 of 1992, Testamentary No. 122 of 1991 (In the Goods of- Nayan Acharya, deceased), a Division Bench of this Court had passed an order as follows: “The appeal is, accordingly, disposed of. The suit filed in this Court by the plaintiffs Jyoti Acharya & Dyuti Acharya (Plaintifl/Jyoti Acharya has in the meanwhile died) being 2 Testamentary Suit No. 122 of 1991 is directed to be transferred to the Court of the District Judge Alipore, similarly, the suit already pending in the Alipore Court being Original Suit No. 30 of 1991 before the District Judge at Alipore is directed to be retained there only. We direct the District Judge Alipore, to combine both the suits and to transfer them to a Court of the Additional District Judge at Alipore within two weeks from the date of the communication of this order. We held the Registrar, Original Side of this Court, is responsible to ensure that this order is properly communicated to him and the records of the Suit No. 122 of 1991 are also simultaneously sent to him. We further direct the transferee Court of the Additional District Judge at Alipore to ensure that both the suits are tried and disposed of very expeditiously und, in any event, within a period of one year from today until the disposal of the two suits we direct both the parties to maintain status quo with regard to the property forming the subject matter of the two wills.” Since then the matter is being heard by the concerned Court at Alipore when the petitioner moved the High Court for re-transfer of the matter to the High Court. The Division Bench vide its order dated 11th July, 2011 in GA No. 1976 of 2011 with APO No. 585 of 1992 directed as follows: “We cannot entertain this application for retransfer of a matter in Alipore Court from this Court on the ground that order of Division Bench dated 24.7.2000 has not been carried out. We think after disposal of the appeal this Court cannot pass any order for retransfer and withdrawal of any proceedings from any Court. The remedy of the applicant lies elsewhere. It would be open for the applicant to approach appropriate forum for the relief prayed for 3 herein. We clarify that if any proceeding is taken out by the applicant, appropriate Court will deal the same in accordance with law.” The petitioner in course of hearing has filed a supplementary affidavit with leave annexing a copy of the affidavit of assets of the deceased testator (at page 26) wherefrom it appears that certain properties of the testator are outside the jurisdiction of the State of West Bengal. Two of them prima facie appears to be, one in Benaras, in the State of Uttar Pradesh and another in Ranchi, in the State of Jharkhand. Learned counsel for the petitioner submits that it is on this ground alone, that the petitioner has approached the appropriate forum for re- transfer of the suit to the High Court as it is only the High Court in such circumstances, which can consider the said case for probate. On hearing the parties and on considering the materials on record, the prayer of the petitioner is allowed. Let O.S No.8 of 2000 pending before the learned 8th Additional District Judge at Alipore along with Misc. Case No. 375 of 2018 and Misc. Case no 762 of 2017 be transferred to this High Court and be placed before the appropriate Bench, through the learned Registrar, Original Side. Urgent certified photostat copies of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities. (SHAMPA DUTT (PAUL), J.) A.Sadhukhan