Calcutta High Court
CS/46/2025 of SOMA DAS Vs DAMAYANTI MAJUMDER AND ORS. on 14 September 2026
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION IA NO. GA/2/2025 CS/46/2025 SOMA DAS VS DAMAYANTI MAJUMDER AND ORS. BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 14th September, 2026. APPEARANCE: Mr. Chunkey Agarwal, Adv. Mr. Akshay Kumar Jain Sukhani, Adv. For
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OD-1 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION IA NO. GA/2/2025 CS/46/2025
SOMA DAS VS DAMAYANTI MAJUMDER AND ORS.
BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 14th September, 2026. APPEARANCE: Mr. Chunkey Agarwal, Adv. Mr. Akshay Kumar Jain Sukhani, Adv. For plaintiff/petitioner Mr. Dilip Kumar Kundu, Adv. Mr. A. Basu, Adv. Ms. Aditi Biswas, Adv. For defendant no.12
THE COURT: This is an application for recording the terms of settlement executed by and between the plaintiff and the defendant no.14 on 23rd July, 2025 and duly signed by their respective advocates, a copy whereof is annexed as Annexure-D to the instant application. Pursuant to the settlement, this application was made but before the settlement could be recorded, the defendant nos.4 and 5 died. The legal heirs of the defendant nos.4 and 5 have been brought on record by way of amendment to the plaint. This application has been, however, made in the original cause title of the plaint as the plaintiff was unaware about the death of the defendant nos.4 and 5, which came to her knowledge subsequently, which led to the
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amendment of the plaint. The terms of settlement is also typed out and signed in the unamended cause title. The suit is treated, by consent of the parties, as on the day’s list. The original terms of settlement duly stamped and punched filed in Court today is taken on record. Let a decree be drawn up expeditiously on the amended cause title of the plaint by making this terms and settlement as part thereof even though the same is on the unamended cause title. The suit is decreed as against the defendant no.14, who is the signatory to the terms of settlement along with the plaintiff prepared on the unamended cause title. The plaintiff does not intend to proceed against the other defendants pursuant to the settlement. In the aforesaid facts and circumstances, let there be a decree in terms of the terms of settlement as against the defendant no.14 and the suit as against the other defendants including defendant no.5A who has been substituted in the place and stead of original defendant no.5 on her death stands disposed of for non-prosecution. In view of the decree and the recording as aforesaid, all pending applications, stand disposed of without any further order and vacating the interim order, if any.
(ARINDAM MUKHERJEE, J.) Sb/