J.N. Patel, C.J. - (1.) INSTEAD of dealing with the application for stay with consent of learned Counsel for the parties we propose to hear out the appeal itself by treating it as on Day's List.
(2.) IN a suit for partition and administration of the estate of late Manmotha Bhushan Sirkar, the leasehold right of a shop room on the eastern side of the ground floor in present municipal premises No.124/1, Bepin Behari Ganguly Street, (originally known as Boubazar Street), Kolkata-700012 forms one of the assets. During the pendency of the partition suit, a receiver came to be appointed by the Court and the said shop room was under the possession of the receiver. By an order dated April 21,1964 the Court granted a leave to the original plaintiff no.1 to occupy the said shop room upon payment of specified consideration money per month to be paid to the receiver on condition " not sublet or part with possession of any portion of the said shop room". Thereafter, on April 9, 1987 the Court directed the Receiver to take actual possession of the jewellery shop room situated at the said premises which was under the occupation of the original plaintiff. By an order dated April 17, 1997 the Court has been pleased to direct the Receiver to forthwith take symbolic possession of the said jewellery shop-cum- showroom and make inventory of the furniture and fixture lying thereat. An order of injunction was also passed restraining the parties from parting with, disposing of, alienating or encumbering any portion of the said shop room until further orders. In July, 1998 the sole Receiver so appointed in the instant suit was discharged of his duties and the present Joint Receivers namely Mr. Ananda Prasad Ghosh and Mr. Prasanta Naskar, both Advocates of this Hon'ble Court, were appointed.
(3.) IN March, 2010 one Smt Bijoli Basu, the defendant no.5(b) in the instant suit, filed an application being G.A. No.1042 of 2010 complaining, inter alia, that she had noticed a poster put up on the outside wall on the said shop room by one Senco Gold Limited (for short Senco Gold) and she also brought to the notice of the Court that the subject shop room was then being dealt with and/or encumbered in wilful and deliberate contravention of the subsisting orders of injunction passed by the Court and the valuable rights of the estate over and in respect of the said shop room was being surreptitiously and illegally jeopardized. On the said application, the Court by its order dated April 1, 2010 directed the receiver to make inventory of the said shop room upon notice to the concerned parties. Subsequently, by an order dated April 13, 2010 the earlier order dated April 1, 2010 came to be corrected so as to enable the joint receivers to carry out the said order.;