BRATINDRA NATH MUKHERJEE Vs. RATHINDRA NATH MUKHERJEE

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against Orders dtd. 12/5/2023 and 5/7/2023 passed by Learned 4th Additional District Judge at Alipore South 24 Parganas in Misc Case No. 44 of 2009. The petitioner being aggrieved by the Order dtd. 12/5/2023 and 5/7/2023 passed by the Learned Judge in directing the petitioner to deposit the entire sale proceeds of Trust property alongwith list of expenses incurred by petitioner for preserving and maintaining the Trust property and Order dtd. 5/7/2023 directing issue of look out notice against the petitioner and to attach the Trust property sold to the petitioner by virtue of judgment dtd. 31/10/2017, has come up with the instant application.

(2.) The petitioner's case in brief is that the petitioner is the sole surviving trustee of the trust Estate of Rabindra Nath Mukherjee since deceased in respect of the property situated at P-6. CIT Road, Scheme no. LV Kolkata-700014. The said property was originally owned and possessed by Rabindra Nath Mukherjee since deceased. The said Rabindra Nath Mukherjee, since deceased executed a deed of family trust on 7/6/1988 appointing the petitioner as trustee and Sri Rabindra Nath Mukherjee himself was also appointed as Trustee of the said Trust Estate. Rabindra Nath Mukherjee died on 30/10/1998 leaving behind the registered deed of family trust. As per paragraph no-2 of the trust deed the trustee was empowered to sale or transfer the trust property with the permission of Court of competent jurisdiction.

(3.) The petitioner accordingly submitted an application before the Learned District Judge South 24 Parganas which was registered as Misc Case No-35 of 2007 with a prayer for permission to buy the Trust property at the price to be fixed by Court. Although some beneficiaries entered appearance but only Ranit Mukherjee claiming to be beneficiary filed objection to the application submitted by the petitioner. It was subsequently transferred to Learned Additional District Judge 4th Court at Alipore and registered as Misc case 44/2009.