Calcutta High Court (Appellete Side)
Smt. Bela Rani Saha vs Deity Shri Shri Brojajugal And Shri Shri ... on 30 August, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
30-08-2023
ct no. 13
sl. no. 1+2
sp
F.A. No. 222 of 2008
I.A. No. CAN 9 of 2021
Smt. Bela Rani Saha
-Versus-
Deity Shri Shri Brojajugal and Shri Shri Radha Krishna
Bigraha represented by the Trustees Sri Manindra Kumar
Roy and others
With
F.A. No. 47 of 2013
With
CAN 6 of 2023
Monindra Kumar Roy & Ors.
-Versus-
Sudhir Kumar Saha & Ors.
Mr. Sibasish Ghosh
...for the appellant (in F.A. 222 of 2008)
Mr. Partha Pratim Ray,
Mr. Dyutiman Banerjee
for the respondent nos. 1, 2, 3 and 5
Ms. Shohini Chakraborty, Mr. Arijit Sarkar ....for the appellant (in F.A. 47 of 2013) Mr. Asit Baran Rout, Ms. Shila Sarkar ..for the respondents (in F.A. 47 of 2013)
1. The sole surviving trustee has given consent in writing to this Court's observation as regards the order dated August 28, 2023 only in respect of F.A. 47 of 2013.
2. Ms. Shohini Chakraborty, learned counsel for the appellant in F.A. 47 of 2013 however submits that the 'Saha Vaisya' community opposes declaration of the entitlement of Bojendra Nath Saha and Khagendra Nath Saha and/or their legal heirs to exclusively inherit the 'Kha' 'Ga' and 'Gha' schedule property. 2
3. In so far as F.A. 222 of 2008, Mr. Partha Pratim Roy, learned counsel submits that the respondents are not in a position to give consent.
4. It is further submitted by Mr. Rout, that a committee has already been formed on April 29, 2012 by the 'Saha Vaisya' community to take over the 'Ka' schedule property. The order of injunction already passed by this Court would operate on the same. The resolution is kept with the record.
5. Ms. Shohini Chakraborty, learned counsel also submits that another group of members of the said community have also formed committee to take over the 'Ka' schedule property on June 29, 2022.
6. This Court has heard the matter sufficiently as already indicated in the earlier order.
7. Hearing is concluded. Judgement is reserved.
(Rajasekhar Mantha, J.) (Supratim Bhattacharya, J.)