RISABH RUIA Vs. NIRMAL MUKHERJEE

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India to challenge legality, validity and propriety of an order being order No.36 dated 11th January, 2007 passed by the learned Additional District Judge, South 24 Parganas at Alipore in Misc Case No.933 of 2010.

(2.) Reasons for filing the instant application are as follows:-

(3.) The Shebaits of Sree Sree Laxmi Narayan Jew and Sree Sree Anandamoyee Kalimata established and installed at premises No.43, Akhil Mistry Lane filed an application under Section 34 of the Indian Trusts Act praying permission to sale the property of the deity measuring about 3 khatas of land with pucca asbestos shed structure situated at premises No.23 Badan Ray Lane within PS Baleghata before the learned District Judge, South 24 Parganas at Alipore. The said application was registered as Misc Case No.933 of 2010. By an order dated 5th September, 2011, the learned District Judge allowed the said Misc Case No.933 of 2010. The petitioners/shebaits were permitted to sale out the above mentioned property in favour of the intending purchaser, petitioner herein, at a consideration price of not below Rs.44,87,850/-.