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Calcutta High CourtCO/1403/2025disposed

The Christian Service Society Of Bengal Orissa And Bihar Baptist Convention v. American Baptist Bangal Orissa Mission Of India Repd By Kotni Geogre And ORS

2025-06-20Hon'Ble Justice Dinesh Kumar Sharma2 pages

20.06.2025 Court No.25 Sl. No.41 Mujahid CO 1403 of 2025 (Assigned) The Christian Service Society of Bengal, Orissa and Bihar Baptist Convention Vs.

American Baptist Bengal Orissa Mission of India, represented by Kotni Geogre & Ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal, Mr. Abhijit Halder, Mr. Anirban Saha Roy ...for the petitioner 1.

Present petition has been filed challenging the order no.10 dated 6th February, 2025 whereby the application for impleadment filed by the petitioner was rejected by the learned Civil Judge (Junior Division), Kharagpur, Paschim Medinipur, inter alia, holding the petitioner does not have a subsisting for continuing the authority in Christian Service Society as his dispute is primarily internal to Christian Service Society rather than the relevant ownership of the suit property.

2.

Learned counsel for the petitioner on instruction states that he does not want to press the present petition and has an instruction to file an independent suit asserting his rights. However, that suit may not be affected by the observation made by

the learned trial court in the impugned order. Learned counsel seeks permission to withdraw the present petition with liberty to take appropriate legal remedies in accordance with the law.

3.

Liberty granted. The petition is dismissed as withdrawn.

4.

The court shall consider the suit, if any, be filed by the petitioner, independent of any observation made by the learned Civil Judge (Junior Division), Kharagpur, Paschim Medinipur in Title Suit No.89 of 2024.

5.

Petition stands disposed of.

6.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Dinesh Kumar Sharma, J.)