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2025 Supreme(Online)(Cal) 3067

CALCUTTA HIGH COURT
ARINDAM MUKHERJEE, J
SHREE SHREE ISWAR SITARAM JEW AND ORS. – Appellant
Versus
ARKOPROVO GANGULY AND ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sarvapriya Mukherjee, Mr. Anujit Mukherjee, Ms. Antara Biswas, Ms. Saolini Bose, Ms. S. Das Chopwdhury
For the Respondents: Mr. Ranjan Deb, Ms. Indrani Mukherjee, Ms. Ranjana Seal, Mr. Soumajit Majumdar, Ms. Sucheta Mitra
For the defendant no.1: Mr. Aniruddha Chatterjee, Mr. Rohit Banerjee, Mr. Debabrata Ray
For the defendant no.2: Mr. Haradhan Banerjee, Mr. K. Chatterjee, Mr. Oishik Chatterjee
For the defendant no.3: Mr. Arindam Banerjee, Mr. Pranit Bag, Mr. Victor Chatterjee, Mr. Raja Baliyal, Mr. Rajarshi Ganguly, Mr. Vidhya Bhusan Upadhyay
For the defendant no.4: Mr. Sakya Sen, Mr. Aditya Mondal, Mr. Tapajit Das

The Court : This is an application by a non party to the suit for being added as a co-plaintiff. Affidavit-in-opposition on behalf of the defendant no.3 filed in Court is taken on record. The extension of time to file affidavit-in-opposition by the defendant no.2 is prayed for but in view of two extensions and the last being peremptory in nature by an order dated 26th June, 2025 the time in respect whereof has expired on 4th July, 2025, no further extension is granted.

The applicant in support of his claim to be added as a co-plaintiff in the suit has relied upon clause 9 of the Arpannama dated 31st March, 2022 by which the debottar estate was created by bequeathing immovable properties to the deity Shree Shree Iswar Sitaram Jew. It is submitted by the applicant that his mother namely Swapna Mukherjee who is defendant no.4 in this suit being EOS/4/2025 has been removed from sebaitship by a resolution dated 20th March, 2025 on the charge of bribery and fraud against the deity. Relying upon clause 9 of the said Arpannama the applicant says that on his mother being removed from sebaitship the applicant as an heir of Swapna Mukherjee will be the sebait in her place and stead. The applic

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