Court No. 6 (265719) 17.07.2026 (AD 15) (S. Banerjee) CO 2254 of 2026 Smt. Naina Doshi @ Nayana Doshi Vs. Bandana Mukherjee & Ors. Mr. Gautam Banerjee Mr. Gouranga Kumar Das Mr. Bishal Maity Ms. Tithi Pailai …for the petitioner This application under Article 227 of the Constitution of India is at the instance of a judgment- debtor and is directed against an order dated May 18, 2026 passed by the learned Civil Judge (Sr. Division), 8th Court at Alipore in Ejectment Execution No. 15 of 2021. By the order impugned the application under Order 21 Rule 16 of the Civil Procedure Code filed by one of the co-sharers, stood allowed. Learned advocate appearing for the petitioner submits that the decree for eviction was passed in favour of the joint executrix appointed by the testator in the last will and testament dated November 29, 2008. He submits that such decree was put into execution by the joint executrix and thereafter one of the beneficiaries under the said will applied for being added as a party in the execution proceeding. He submits that there are two beneficiaries under the wall and one of them cannot be allowed to be added. 2 Radha Raman Banerjee during his lifetime executed a registered will by appointing Bandana Mukherjee and Chandana Mukherjee, i.e., the decree- holders/opposite-party nos. 1 and 2 as executrix of the will executed by Radha Raman Banerjee. By virtue of the said will the property being premises no. 12B, Deshapran Sasmal Road, which is the suit property, was bequeathed in favour of Debasis Banerjee and Rijul Banerjee. The suit for eviction was filed by the joint executrix being the opposite-party nos. 1 and 2. The probate was granted on June 29, 2015. Record reveals that the decree for eviction was passed prior to the grant of probate. It is not in dispute that Debasis Banerjee and Rijul Banerjee became the joint owners of the suit property on the basis of the will executed by Radha Raman Banerjee. The learned Judge of the executing Court correctly applied the provisions laid down under Order 21 Rule 16 of the Civil Procedure Code and allowed the prayer of Rijul Banerjee to proceed with the execution case as a decree-holder. The learned Judge of the executing Court assigned cogent reasons in support of the ultimate conclusion. This Court is not inclined to interfere with the order impugned. Accordingly, CO 2254 of 2026 stands dismissed. (Hiranmay Bhattacharyya, J.)