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2026 DAILYLAW 41030 (CAL)

SANAT KR. GHOSH v. KALIPADA BOSE

CO/2400/2013 · 2026-09-15

Md Shabbar Rashidi

body2026

Judgment text

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C o u r t N . 2 2 S l 1 5 1 / C L DL-13 15.09.2026 Court No.551 [Bench ID-266058] (AD) In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side CO 2400 of 2013 with IA No.: CAN 1 of 2023 with IA No.: CAN 3 of 2026 Sanat Kumar Ghosh Vs. Kalipada Bose Mr. Saptangshu Basu, Ld. Sr. Advocate Mr. Nitai Chandra Saha, Advocate … for the applicant in IA No.: CAN 1 of 2023 Mr. Dyutiman Banerjee, Advocate Mr. Souparno Malakar, Advocate … for the opposite party 1. None appears for the petitioner. 2. Applicant in IA No.: CAN 1 of 2023 is represented. 3. By filing IA No.: CAN 1 of 2023, the brother of the petitioner herein has stated that the sole petitioner Sanat Kumar Ghosh has died on March 12, 2023. 4. Learned Advocate appearing for the opposite party also appears and submits that his client has expired on February 16, 2014. 5. Learned Advocate appearing for the opposite party further submits that an application for substitution of the legal heirs of Sanat Kumar Ghosh has already been taken out before the learned Trial Court. 6. As to the addition of applicant in IA No.: CAN 1 of 2023 is concerned, the applicant in such application happens to be the brother of the 2 petitioner. He has claimed that he was a joint tenant in respect of the suit properties along with the original petitioner Sanat Kumar Ghosh. He has also taken out an application for being impleaded in the original Title Suit which is yet to be decided. 7. Since the original petitioner died in 2023 and no substitution has taken place in the present proceeding, the instant revisional application has already abated. 8. As to the impleadment of the applicant in IA No.: CAN 1 of 2023, an application is already pending with the learned Trial Court. The learned Trial Court will decide the same in accordance with law. 9. Since the revisional application has already abated, this Court has not gone into the merits of the order under revision. 10. Accordingly, CO 2400 of 2013 is disposed of as ‘abated’. 11. Since the revisional application has been disposed of as ‘abated’, nothing remains in the applications being IA No.: CAN 1 of 2023 and IA No.: CAN 3 of 2026 are also disposed of accordingly. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.09.16 11:46:01 +05'30'