OD- 12 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT/36/2025 WITH TS/6/2022 IA NO: GA/1/2025 IN THE GOODS OF: BHAGIRATH KAJARIA (DEC.) -AND- ANOUSHKA KAJARIA VERSUS PRATEEK KAJARIA AND ANR. BEFORE: The Hon’ble JUSTICE SOUMEN SEN AND The Hon’ble JUSTICE SMITA DAS DE Date : 27th March, 2025. Appearance: Mr. Altamash Alim, Adv. Mr. Sujit Banerjee, Adv. Mr. Nilay Sengupta, Adv. …for the appellant Mr. Aniruddha Mitra, Adv. Mr. Subhadip Chakraborty, Adv. …for plaintiff no.2 Ms. Dipika Banu, Adv. Ms. Bolivia Roy, Adv. …for respondent no.2/defendant 1. We are surprised by the submission made on behalf of one of the co-executors that the documents directed to be produced by the grandmother of the parties are not relevant in the probate proceeding. 2. The executors under the Will should be in custody of all the original documents as it is necessary for proper administration of the estate even during the pendency of the probate proceeding. The 2 relevancy of the said documents is not required to be gone into at this stage. It would depend upon the objections raised with regard to the Will. 3. We have been informed that the probate proceeding has been marked as a contentious cause. The direction for production of the said documents is innocuous. One of the co-executors could not have resisted the production of the said documents merely because the father of the other co-executor had filed a caveat. 4. We feel that the executors should be in possession of the original record of the testator. The documents directed to be produced are of the testator and it concerns the administration of the estate. 5. On such consideration, we do not find any reason to interfere with the order passed by the learned Single Judge. 6. The appeal fails. 7. APOT/36/2025 and the connected application being GA/1/2025 stand dismissed. However, there shall be no order as to costs. (SOUMEN SEN, J.) (SMITA DAS DE, J.) bp/R.Bhar