OD-1 with 2 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO/16/2025 WITH ACR/2/2024 IA NO: GA/3/2025, GA/4/2025 DWIPEN KUMAR HAZRA AND ORS VS SUBHENDU HAZRA AND ORS and APOT/50/2025 IA NO: GA/1/2025 IA NO: GA/1/2025 SUBIR HAZRA VS SUBHENDU HAZRA AND ANR BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA And The Hon’ble JUSTICE UDAY KUMAR Date :9th April, 2025.

Appearance:

Mr. Souvik Ghosh, Adv.

.. for the appellant.

Mr. Sudip Deb, Sr. Adv. Ms. Ipsita Ghosh, Adv.

..for the respondent nos. 1 and 2.

Mr. VivekBasu, Adv.

..for the respondent no. 3.

The Court:- At the outset, an objection as to maintainability of the appeal is taken by learned Senior Counsel appearing for the respondent nos. 1 and 2.

Learned Senior Counsel submits that in Section 12 of the Charitable and Religious Trusts Act, 1920, there is a specific bar to any appeal being filed against any order passed,or against any opinion or advice or direction given,under the said Act.

Learned Senior Counsel also cites a Division Bench judgment of the Delhi High Court, In the matter of Dr. Man Singh and others reported at AIR 1978 Del 274 in support of such proposition.

Learned Counsel for the appellant submits