MRINAL SIRKAR Vs. RADHANATH SIRKAR

JUDGEMENT

(1.) This is to consider an application under the Contempt of Courts Act read with Article 215 of the Constitution of India rising out of an order dated August 31, 2001 passed by Mr. Amitava Lala J. in connection with G.A. No. 3017 of 1998.

(2.) The Petitioner's case in brief is that a suit was instituted by Brojeswar Sarkar and Rajeswar Sarkar, the uncles of the Petitioner for discovery of the estate of Manmotho Bhusan Sarkar particularly in respect of accounts dealt in by Gostha Behari Sirkar and also for declaration of the share of the Plaintiffs and partition by metes and bounds. The said suit was numbered as C.S. No. 2706 of 1955. The parties to the suit died subsequently and the necessary changes were made. On September 19, 1960 a preliminary decree was passed in that suit with some directions to the Special Referee and Commissioner of Partition. Thereafter one petition being G.A. No. 3017 of 1998 was filed by one Mihir Kumar Sarkar, the Defendant No. 1B. The present Petitioner, Sri Mrinal Sarkar is one of the legal heirs of the Defendant No. 2, Krishna Gopal Sirkar who died intestate.

(3.) The said application being G.A. No. 3017 of 1998 was heard on August 31, 2001 by Mr. Amitava Lala J. and it was disposed of with some directions upon the Joint Receivers (Sri Ananda Prasad Ghosh and Sri Prasanta Naskar, learned Advocates) appointed to carry out such directions. The said order dated August 31, 2001 is well within the knowledge of the Respondents as the Respondent No. 1 had dealt with the said order in his affidavit affirmed on February 8, 2002 in G.A. No. 917 of 1996 arising out of the said suit. The Joint Receivers in compliance with the order passed on August 31, 2001 had been collecting rents from the tenants of the suit premises and granting rent receipt thereof to them.