SWAPNA BAG AND ORS. Vs. NEMAI CHANDRA BAG

JUDGEMENT

(1.) This civil order under Article 227 of the Constitution of India has been preferred as against the order dated 14 -9 -2012 passed by the learned 4th Additional District Judge at Alipore as passed in Misc. Case No. 11 of 2009 wherein the learned court below was pleased to reject the prayer of the present petitioners to recall the order dated 13 -07 -2009 in which the said learned court was pleased to allow the application filed by the opposite party under Sec. 34 of the Indian Trust Act, 1882 (hereinafter called as the Act of 1882) for his appointment as the sebait of the debottor property of "Iswar Goureswar Shiv Thakur". The history of this case can be stated below: - -

(2.) The petitioners before this court are the widow and son of Sisir. The opposite party, Nemai Chandra Bag, is the son of Netai Chandra Bag, That Netai Chandra Bag was the full brother of Gour Chandra Bag. This Nemai Chandra Bag filed an application before the learned District Judge, South 24 - Parganas at Alipore praying for his appointment as Sebait under Sec. 34 of the Indian Trust Act, 1882 and the said petition was registered as Misc. Case No. 196 of 2004 (Annexure P3 at page 20). The said Misc. Case was transferred to the trial court and it was re -numbered as Misc. Case No. 11 of 2009.

(3.) The present petitioners appeared before that court in the year 2009 and started taking adjournment and ultimately that application so made was decided ex parte and Nemai Chandra Bag was appointed as the Sebait of the deity. One application was filed by the present petitioners on 16 -11 -2009 for recalling of the order dated 31 -07 -2009 but the said petition was dismissed as per the impugned order dated 14 -9 -2012. This order of dismissal is the impugned order before this court.