OD-2 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTON ORIGINAL SIDE IA NO. GA/9/2025 In TS/23/2016 IN THE GOODS OF: USHA BAROOAH (DEC) – AND- SOMNATH CHATTERJEE -VS- SHARMILA SHETTY BEFORE: The Hon'ble JUSTICE AJAY KUMAR GUPTA Date: OCTOBER 14, 2025. [VACATION BENCH] Appearance: Mr. Ratnanko Banerji, Sr. Adv. Mr. D. N. Sharma, Sr. Adv. Mr. S. Chakraborty, Sr. Adv. Mr. Anunoy Basu, Adv. …for the plaintiff Mr. Aniruddha Chatterjee, Sr. Adv. Mr. Sayan Ganguly, Adv. Ms. Pallavi Gogoi, Adv. Mr. Shoham Sanyal, Adv. Ms. Sushreya Dutta, Adv. …for the defendant The Court: - Affidavit of service, filed today, is taken on the record. The petitioner has challenged the ex parte judgment and decree dated September 9, 2025, which is subsequently corrected by an order dated 12th September, 2025 made in the Title Suit No. 23 of 2016, thereby allowed the probate of the purported Will dated September 8, 2009 in favour of the plaintiff. 2 It is a specific case of the petitioner that due to medical condition of her husband, she could not appear or represent before the Trial Court. Therefore, the ex parte judgment was passed. For recalling of the said judgment and decree, the petitioner has filed an application under Order IX Rule 13 with a prayer for stay of the operation of the judgment and decree dated 9th September, 2025 passed in Title Suit No. 23 of 2016 till disposal of the application. Learned counsel for the opposite party opposes the prayer and submits that the application is frivolous and not maintainable in law since she suppresses the actual facts that she appeared in other proceedings. Having heard the submission of the parties and upon perusal of the record, this court is of the opinion that the application should be heard on merits after exchanging objection and reply from the parties. In the meantime, stay of operation of the judgment and decree dated 9th September, 2025 passed in Title Suit No. 23 of 2016 is granted for a limited period of three weeks after vacation or until further orders, whichever is earlier otherwise application would be infructuous. In the meantime, objection, if any, be filed within two weeks and reply, if any, be filed within one week thereafter. Let the matter be placed before the regular bench after re-opening of the court. 3 Parties shall act on the server copy of the order duly downloaded from the official website of this Hon’ble High Court. (AJAY KUMAR GUPTA, J.) S.Mandi