Raghabpur Baptist Church And ORS v. Archana Jyoti And ORS

S/L 5 02.7.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 2243 of 2024 Raghabpur Baptist Church & Ors.

Vs.

Smt. Archana Jyoti & Ors.

Mr. Dipanjan Bhattacharya ... for the Petitioners.

Mr. Satyam Mukherjee Ms. Sayani Ahmed Mr. Purnendu Shekhar Ghosh........ for the Opposite Parties. The defendants in a suit for declaration are the petitioners of the instant application under Article 227 of the Constitution of India which is directed against part of the Order No.28 dated May 15, 2024 passed by the 2nd Court of learned Civil Judge (Junior Division) at Barasat, District 24 Parganas (North) in the said suit being Title Suit No.201 of 2021.

The learned Trial Judge by the order dated January 24, 2024 had appointed a Special Officer for conducting the election of the association managing the affairs of defendant no.1/church and also for management of the immovable properties of it.

The petitioners had filed an application seeking modification of the said order on the ground that their erstwhile learned advocate did not apprise the Court regarding the real state of affairs and had failed to produce relevant documents.

The learned Trial Judge by the order impugned has dismissed the said application holding that the grounds on which such modification has been sought for are not good enough to modify and/or to recall the said order.

Mr. Mukherjee, learned advocate for the opposite parties submits that all relevant documents were produced before the learned Trial Judge on the basis of which the Special Officer was appointed, who is conducting the

election process of the association and such election is scheduled to be held tomorrow.

The order dated January 24, 2024 was passed on contest. The grounds are not convincing enough for modification of the said order, as such this court does not find any reason to interfere with the order impugned. CO 2243 of 2024 is dismissed without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)