Calcutta High Court
Smt.Rama Misra & Ors vs Smt. Nirmala Jaithaly And Ors on 23 June, 2025
OD-13
IN THE HIGH COURT AT CALCUTTA 2023:CHC-OS:5018
ORIDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
CS/636/1982
IA NO: GA/21/2008(Old No: GA/3599/2008),
GA/23/2009(Old No: GA/1432/2009),
GA/25/2010(Old No: GA/905/2010),
GA/33/2022, GA/35/2024
SMT.RAMA MISRA & ORS.
VS
SMT. NIRMALA JAITHALY AND ORS
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 23rd June, 2025.
APPEARANCE:
Mr. Arup Chatterjee, Adv.
Mrs. Priti Jain, Adv.
...for the respondent nos. 9 to 14
Mr. Pratyush Patwari, Adv.
Mr. Altamash Alim, Adv.
For defendant nos. 2(b) to 2(d)
Mr. Rahul Singh, Adv.
For plaintiff no. 1 to 3 and 6 to 11
1. The learned advocates for the petitioner/defendant nos. 2(b) to 2(d),
the learned Advocates for the defendant nos. 9 to 14, learned
advocate for the plaintiff nos. 1 to 3 and nos. 6 to 11 are present.
2. Heard learned advocates for the parties.
3. The petitioners/defendant nos. 2(b) to 2(d) has filed this application
praying for the following reliefs :
Order dated 21st February, 2003 passed by the Hon’ble Justice Pinaki
Chandra Ghose in the instant proceedings be altered and/or modified
so as to permit defendant nos. 2(b), 2(c) and defendant no. 2(d) to sell
their undivided 1/7th share in premises no. 3, Baranshi Ghosh Street,
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Kolkata – 700007 in favour of the Anita Jaiswal, who is the defendantno. 3(iv) in the instant proceedings.
4. It is the contention of the petitioners that by order dated 18 th
September, 2001 passed in the instant proceedings, this Court had
been pleased to declare the shares of the parties in the properties
forming subject matter of the instant proceedings.
5. It is further contended that the defendant no. 2(a) had died on
22.8.2011 and defendant no. 2(e) had died on 25.3.2010.
6. Thus, the defendants being defendant no. 2(b), 2(c) and 2(d) are the
only surviving successors-in-interest of Rajkumar Misra, the original
defendant and having undivided 1/7th ownership share in premises
no. 3, Baranshi Ghosh Street, Kolkata-700007.
7. Learned Advocate draws attention to the order dated 18 th September,
2001 and further, the order dated 6th October, 2024 passed in a
similar application.
8. It is also contended that Anita Jaiswal, who is defendant no. 3(iv) in
the instant proceedings, by issuing letter dated 24.1.2024 had offered
to purchase the ownership share of the said defendants in premises
no. 3, Baranshi Ghosh Street, Kolkata-70007, hereinafter referred to
as the `said premises’.
9. The defendant nos. 2(b) to 2(d) though in possession of the portion of
the said premises no. 3 Baranshi Ghosh Street, Kolkata-700007 are
at present residing outside Kolkata and it is difficult to maintain and
upkeep the portion of the said premises.
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10. Thus, the said defendants are willing to sale their undivided 1/7 th
ownership share in the said premises to Anita Jaiswal, who is
defendant no. 3(iv) in the instant proceedings.
11. As no affidavit in opposition to the said application is being filed,
although learned Advocate for the defendant nos. 9 to 14 has
submitted that he has no objection to the sale being made but the
earlier order need not be modified, this Court is of the view that in the
interest of the justice as the shares have already been declared, the
prayer of the petitioner/defendant nos. 2(b), 2(c) and 2(d) should be
allowed. Thus, I allow the prayer made by the petitioner/defendant
nos. 2(b), 2(c) and 2(d).
12. Let there be an order in terms prayer (a) of the Notice of Motion
dated 6th day of February, 2024.
13. It is hereby made clear that this order is confined to defendant nos.
2(b), 2(c) and 2(d).
14. GA/35 of 2024 stands disposed of.
15. The other GA applications be put up on 9 th July, 2025.
(BISWAROOP CHOWDHURY, J.)
gb.