D/L- 18 20/08/2026 Ct. No.- 6 Aritra C.O. 2802 of 2026 Gitasree Mukherjee Vs. Tanusree Mukherjee & Ors. Mr. Argha Banerjee ….for the petitioner This application under Article 227 of the Constitution of India is at the instance of the petitioner in Succession Case No.74 of 2026 and is directed against an order dated August 13, 2026 passed by the learned District Delegate, Howrah. By the order impugned the learned trial judge rejected the prayer for ad interim order and fixed September 17, 2026 for service returns and show-cause to be filed by the opposite party no.3 and near relatives of the deceased in respect of the prayer for temporary injunction. In the application under Section 151 of the Code of Civil Procedure it is the specific case made out by the petitioner herein that the deceased Goutam Chatterjee was the elder brother of the petitioner, who was issueless and died intestate on May 9, 2026 on account of an accident. The petitioner claims that the deceased maintained two bank accounts with Punjab National Bank, Belur Math Branch and State Bank of India, Ghoshpara Branch. After going through the averments made in the application under Section 151 of the Code of Civil Procedure, this Court finds that it has been specifically stated therein that the opposite party no.3 is a nominee in 2 respect of the aforesaid accounts. The purpose of nomination is that such nominee shall be entitled to receive the amount lying in the account(s) in case of death of the account holder. In the considered view of this Court, the learned trial judge was right in refusing to pass an ad interim order without hearing the opposite parry no.3 and other near relatives of the deceased. For such reason, this Court is not inclined to interfere with the order dated August 13, 2026 at this stage. Considering the fact that September 17, 2026 is the date fixed before the learned District Delegate, Howrah, it will be open to the petitioner to pray for appropriate reliefs on the next date provided the service upon the opposite party no.3 and other near relatives of the deceased is completed on or before the next date fixed by the learned trial judge. With the above observations, CO 2802 of 2026 stands disposed of. It is, however, made clear that the observations recorded hereinbefore are all prima facie observations and for the purpose of supporting the ultimate conclusions arrived at by this Court as recorded hereinbefore. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)