whether the Administrator appointed in Probate proceedings qua the co-sharer’s property in partition suit ,would have no locus in the present proceedings. = I am not in agreement with the submission of the learned counsel for the petitioners. Even if the co-sharer has taken away his share, any change in the shares in the partition suit would have an effect on the share represented by the Administrator in accordance with law.

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ITEM NO.54 COURT NO.2 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
36108-36110/2013
RADHA BAGREE & ANR. Petitioner(s)
VERSUS
GHANSHYAM BAGREE & ORS. Respondent(s)
Date : 04-01-2018 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJAY KISHAN KAUL
[IN CHAMBER]
For Petitioner(s) Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Mr. Saurav Gupta, Adv.

For Respondent(s) Mr. Ardhendumauli Kumar Prasad, Adv.
Mr. Harshvardhan Jha, Adv.
Ms. Yugandhara Pawar Jha, Adv.
Ms. Mayuri Shukla, Adv.
Mr. Kunal Verma, AOR
Mr. Sarad Kumar Singhania, AOR
Mr. T. V. Ratnam, AOR
Mr. Mainak Bose, Adv.
Mr. M. Sowri Dev, Adv.

UPON hearing the counsel the Court made the following
O R D E R
An application for intervention is filed by an
Administrator appointed in Probate proceedings qua the
co-sharer’s property in partition suit from which the
present proceedings arise. It is the say of the learned
counsel for the applicant that his predecessor
Administrator was also heard during the proceedings.
On the other hand, learned counsel for the
petitioners states that the earlier Administrator was not
heard in partition suit. Learned counsel insists and

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persists that the Administrator would have no locus in the
present proceedings.
I am not in agreement with the submission of the
learned counsel for the petitioners.
Even if the co-sharer has taken away his share, any
change in the shares in the partition suit would have an
effect on the share represented by the Administrator in
accordance with law.
The application is allowed with costs against the
petitioners quantified at Rs. 5000/-(Rupees Five Thousand
only) payable to the applicant, to be payable in two weeks.
The special leave petitions being of the year 2013,
be urgently processed for listing.
(DEEPAK MANSUKHANI) (RAJINDER KAUR)
AR-cum-PS Court Master