28.11.2025

428 Ct. no. 29 sb CO 3857 of 2024 Sri Niladri Nandan Halder Vs.

Sri Iswar Dadhi Baman Salagram Thakur Jew & Ors.

Mr. Anshuman Chakraborty Mr. Prasanta Bishal …for the O.P. nos.

2(i) & 2(iii)

Mr. Sounak Bhattacharya Mr. Sounak Mondal …for the O.P. no. 3 In spite of service of notice upon the learned counsel for the petitioner, petitioner is not represented.

This application has been preferred against the order dated 26.6.2023 by which the court below rejected the petitioner’s application under Order VII rule 11 of the Code of Civil Procedure.

Petitioner herein filed an application under Order VII rule 11 of the Code before the court below contending that the plaintiff has no cause of action to institute the instant suit since the defendants are only entitled to continue with the Seva Puja in respect of the private trust created by Bijay Krishna Bandyopadhyay and the Seva Puja is strictly confined to the member of the Bandyopadhyay family. No outsider or any villager can claim any right title or interest in the said private trust. However, the plaintiffs/opposite parties herein claimed that they are villagers and the property in question has become public debottar property and t