GA No.2400 of 2014 CSOS No.5 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MRS.ASHA PAUL Versus THE LEE MEMORIAL MISSION BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014.
Appearance: Mr.Dhruba Ghosh, Adv.Ms.Chama Mookerjee, Adv.The Court : This is an application by one Stephen Sardar and Satyajit Roy, claiming themselves to be the member of Methodist Church of India.
Although the petitioners ostensibly professed a greater cause but in reality they are espousing their personal cause in conflict with the much bigger consideration of a noble cause.
They are trying to protect their possession in the property.
It appears that in the application in which the order was passed on 13th June, 2014, a case was made out for sale of the property in question in order to help the Mission to cope with its financial crisis as well as help in establishment of a unit of Calcutta Boys School in that area.
The said application was in the nature of an application under Section 34 of the India Trust Act read with Chapter XIII of the Original Side Rules.
In the said application leave was prayed for to transfer by sale land belonging to Lee Memorial Mission, a religious Trust situated at 9, Beliaghata Road, Kolkata in favour of Calcutta Boys School Endowment Trust, 72, S.N.Banerjee Road, Police Station – Taltala, Kolkata – 700 014 to enable the establishment of a branch of the Calcutta Boy’s School managed and administered by the Methodist Church of India, Bengal Region through the Calcutta Boys School Endowment Trust.
The learned Single Judge on being satisfied about the requirement to sell the said property allowed the said application.
This application has been filed to frustrate the order passed on 13th June, 2014.
The bona fide of the applicants writ large on the face of the application and it appears that the application has been filed with an oblique motive.
I find no reason to recall the order dated 13th June, 2014.
This application stands dismissed.
There shall be no order as to costs.
(SOUMEN SEN, J.) kc.