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2024 Supreme(Cal) 132

KRISHNA RAO
Sharmila Shetty – Appellant
Versus
Hemen Barooah Benevolent & Family Trust – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jishnu Saha, Sr. Adv., Mr. Priyankar Saha, Mr. Ishaan Saha, Mr. Paritosh Sinha, Mr. Joydeep Roy
For the Respondent: Mr. Ratnanko Banerji, Sr. Adv, Mr. D.N. Sharma, Mr. Anunoy Basu

JUDGMENT :

Krishna Rao, J.

1. The instant application has been filed by the plaintiff No.1, inter alia, seeking for recalling of the order dated 20th May, 2022 passed by this Hon’ble Court, wherein the Court has dismissed the suit along with its connected applications.

2. The Plaintiffs have instituted a suit being C.S. No. 175 of 2014 on or about 8th day of May, 2014 praying for the following reliefs:

    a) Declaration that the purported amendments of the Deed of Trust dated 5th April, 2011, by the deeds dated 21st November, 2011, 2nd November, 2012 and 8th February, 2013 are wrongful, and illegal and are consequently non-est and of no effect at all; b) Declaration that the provisions of Clause 7.1 and 9.6 of the Deed of Trust dated 5th April, 2011 are contrary to law and are as null and void and of no effect or consequence whatsoever;

c) Declaration that the plaintiff No.1 is a trustee of the HBBFT and that her purported removal as trustee thereof is wrongful, illegal, null and void and of no effect or consequence whatsoever;

d) Declaration that the plaintiffs are beneficiaries of HBBFT and that their purported removal as beneficiaries of the said trust is wrongful, illegal, null and void

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