BHASKAR ROY CHOUDHURY AND ANR Vs. HIRONMOY SEKHAR DAS ASTOPATI @ ROY ASTOPATI AND 2 ORS
HIGH COURT OF GAUHATI
Bhaskar Roy Choudhury And Anr
Hironmoy Sekhar Das Astopati @ Roy Astopati And 2 Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. M.K. Choudhury, the learned senior advocate, assisted by Mr. P. Bhardwaj, learned advocate for the appellants. Also heard Mr. M.H. Rajbarbhuiyan, learned advocate for the respondent No.1. None appears on call for the proforma respondents No.2 and 3.
(2.) This appeal under section 299 of the Succession Act, 1925 is directed against the judgment and order/ decree dated 23.12.2014, passed by the learned District Judge, Karimganj, in Title Suit (Test.) No.6/1993, thereby issuing Letter of Administration in favour of the respondent No.1 in connection with the will dated 25.06.1942 by Late Nabin Chandra Roy, which was registered on 11.09.1942.
(3.) The respondent No.1, namely, Hironmoy Sekhar Das Astopati @ Hironmoy Sekhar Roy Astopati (respondent No.1 herein) is the plaintiff in the suit (hereinafter referred to as the "propounder"). In the suit, the following were arrayed as defendants, (1) Sri Amitava Das Astopati (respondent No.2), (2) Smt. Sandhya Rani Roy Choudhury, (3) Sri Monoranjan Roy, (4) On death of Bhagaban Roy Choudhury, his LRs, viz., (a) Sri Bhaskar Roy Choudhury (appellant No.1), (b) Smt. Sabita Das (profroma respondent No.3), (c) Smt. Ruma Roy (appellant No.2). The respondent No.2 had filed his written statement. Similarly, Sandhya Rani Roy Choudhury (defendant No.2) had submitted her written statement as well as additional written statement. Late Bhagaban Roy Choudhury, the predecessor-in- interest of the appellants and proforma respondent No.3 i.e. the substituted defendants No.4(a), 4(b) and 4(c) had filed his written statement and additional written statement.;
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