SANJIB BANERJEE, J. - (1.) THIS is a suit for partition and administration pending for a considerable period of time as, true to the prevailing fashion, there is only interest in interlocutory applications and no interest in the final hearing of suits. One or more of the parties had given an impression earlier that this suit was inextricably connected with a suit filed in the year 1978 in which an application for amendment of the written statement filed by one of the defendants to retract an admission was disallowed by the single Bench, which decision was reversed in appeal; with the appellate Court judgment being the subject -matter of a pending petition for special leave to appeal before the Supreme Court. Both suits have been assigned to this Bench and have been adjourned on the ground of the pendency of the Supreme Court matter.
(2.) IT now appears that this later suit can proceed unimpeded, notwithstanding the earlier suit since this later suit appears to be the more comprehensive. Ga No.3815 of 2005 is the plaintiff's principal interlocutory application. Ga No.201 of 2006, Ga No.202 of 2006 and Ga No.203 of 2006 are applications by some of the defendants for vacating or modification of the original order passed in favour of the plaintiff. Since the ex parte ad interim order was modified subsequently, in the presence of the contesting defendants, Ga No.3815 of 2005, Ga No.201 of 2006, Ga No.202 of 2006 and Ga No.203 of 2006 are disposed of by confirming the subsisting order of injunction till the disposal of the suit. The allegations levelled by the plaintiff against the contesting respondents and vice versa should not be deemed to have been admitted by the relevant parties.
(3.) GA No.868 of 2012 is the plaintiff's application for recording the death of his mother, the defendant no.24. The death of the defendant no.24 on December 29, 2011, is recorded and GA No.868 of 2012 disposed of by requiring the name of the defendant no.24 to be deleted since the heirs of the defendant no.24 are already on record. It is submitted by the plaintiff that the defendant no.1 has died on April 25, 2013. Advocate formerly appearing for the defendant no.1 and now appearing for the defendant nos.4 and 9 confirms such position. The death of the first defendant is recorded and his name is deleted from the array of parties; since his heirs other than his daughter are already on record, the daughter of the deceased defendant no.1, Smt. Lila Kasera of 17, Camac Street, Kolkata 700 017 is impleaded as the defendant no.1A. ;