The Court issued an order in an application seeking a declaration that settlement terms are fraudulent. It directed filing of affidavits and listed the matter for hearing after six weeks.
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ORDER SHEET
IA No. GA/15/2021 In CS/251/2007
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE
RUCHI SINGH DEO ALIAS ISHVARI RAJE SINGH DEO & ORS.
-VS-
SMT. MAHESHWARI DEBI
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 14th December, 2021.
[Via video conference]
Appearance: Mr. Ranjan Bchawat, Sr. Adv. Mr. Chayan Gupta, Adv. Ms. Pooja Jewarajka, Adv.
Mr. Avirup Mndal, Adv. Mr. A. Z. Mondal, Adv.
Mr. Varun Kedia, Adv.
The Court : This is an application for declaration that the Terms of Settlement executed by and between the parties to the suit is fraudulent and cannot be given effect to in respect of the trust properties of the Estate which do not form part of the plaint filed in the suit.
Learned counsel who seeks modification of the decree passed by this Court on 12th March, 2021 and appearing on behalf of one of the Trustees submits that the objection is confined to the plaintiff no.1(d), namely, Joyrudra Prasad Singh Deo having the right to mutate his name
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as a Trustee over the trust properties under the Trust Deed. It is submitted that the plaintiff no. 1(d) cannot appoint himself as a Trustee in derogation of the provisions of the Trust Deed.
Learned counsel appearing for the plaintiff No. 1(d) seeks to file an affidavit.
Let affidavit-in-opposition be filed within four weeks from date; Reply two weeks thereafter.
List this matter after six weeks.
Until the matter is heard out on affidavits, plaintiff no.1(d) shall not take any steps with regard to mutation of property or claiming any right in respect of any trust properties of the Estate.
The affidavit-of-service filed in Court today be kept on record.
(MOUSHUMI BHATTACHARYA, J.)
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RUCHI SINGH DEO ALIAS ISHVARI RAJE SINGH DEO
SMT. MAHESHWARI DEBI
MOUSHUMI BHATTACHARYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
