Calcutta High Court
Trust Estate Mutty Lall Seal vs Jayanta Lall Seal on 17 June, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OD-10
ORDER SHEET
APOT/92/2025
WITH
ATA/4/2023
IA NO: GA/1/2025
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
TRUST ESTATE MUTTY LALL SEAL
VS
JAYANTA LALL SEAL
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date : 17th June, 2025.
Appearance:
Mr. Sandip Ghose, Sr. Adv.
Mr. Sudarsan Roy, Adv.
Mr. Debayan Ghosh, Adv.
Mr. Aziz Amin, Adv.
Mr. Diptarka Majumder, Adv.
..for the appellant
Mr. Debmalya Ghosal, Adv.
Mr. Arnab Dutt, Adv.
Mr. Dipanjan Mukhopadhyay, Adv.
Mr. Indra Prosad Mullick, Adv.
..for the respondent
Dictated by Arijit Banerjee, J.
The Court: This appeal is directed against a judgment and order
dated February 19, 2025, whereby the respondent’s application being
ATA/4/2023 has been disposed of by a Learned Judge of this Court.
Being aggrieved, the members of the Board of
Trustees of the concerned Trust have come up by way of this appeal.
Learned Advocate for the respondent herein has raised a point of
maintainability of the appeal. He says that the order impugned was passed
under Section 74 of the Indian Trust Act, 1882. The same is not appealable
2
as there is no provision in the Indian Trust Act to that effect. Secondly, the
learned Single Judge having exercised His Lordship’s discretion in a
particular manner which has not and could not have affected any vested
right of the appellant, the present appeal cannot be maintained by them.
Mr. Ghose, learned Senior Counsel representing the appellant, has
placed the impugned order before us.
Today, there is no further time to hear this matter.
As requested by Mr. Ghose, let this matter be listed again on June
24, 2025.
(ARIJIT BANERJEE, J.)
(RAI CHATTOPADHYAY, J.)
bp.