The Bengal Freemasons Trust ... vs The District Grand Lodge Of Mark Master ...
2025 Latest Caselaw 2312 Cal/2

Calcutta High Court

The Bengal Freemasons Trust ... vs The District Grand Lodge Of Mark Master ... on 29 April, 2025

OD-11
                              ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                                     EC/4/2025

           THE BENGAL FREEMASONS TRUST ASSOCIATION
                              VS
THE DISTRICT GRAND LODGE OF MARK MASTER MASONS OF BENGAL AND
                             ANR.

  BEFORE:
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 29th April, 2025.

                                                                             Appearance:
                                                             Mr. Aniruddha Mitra, Sr. Adv.
                                                                      Mr. R. L. Mitra, Adv.
                                                                  Ms. Priyanka Dhar, Adv.
                                                                       ...for the petitioner

          1.

The Court: Mr. Mitra, learned Advocate, appearing for the

petitioner/decree holder is present.

2. Heard Mr. Mitra on the point of execution of the decree passed by

this Court on 30.08.2024. In terms of the said judgment and decree, symbolic

possession of the suit premises which was with the learned receiver and was

required to be handed over to the petitioner/decree holders, has been duly

complied with. The decree is not yet complied and the petitioner/decree holder

has come up with this instant application seeking execution and has made the

prayer for a direction upon the Office of the Sheriff to break open the padlock of

the said two rooms and hand over physical possession thereof to the decree

holder.

3. The petitioner decree holder has also filed a supplementary

affidavit where in page 13 of the said affidavit the subject property of the

instant suit is specified with the cross symbol.

4. Upon considering the petition and the supplementary affidavit and

the decree passed by this Court, this Court is of the view that the decree,

specifically mentions at pages 5, 6, and 7 of the certified copy along with page

13 of the supplementary affidavit filed by the petitioner, the decree is to be

executed and vacant possession of the decretal property to be handed over to

the petitioner/decree holder.

5. Thus, the prayer of the petitioner/decree holder as mentioned in

Column 10, prayer (b) of the Tabular Statement is allowed.

6. The office of the Sheriff is directed to break open the padlock of the

said two rooms of the decretal property and hand over physical possession

thereof to the petitioner/decree holder within a period of six weeks and submit

a report to the Court by 10th June, 2025.

7. It is hereby made clear that in the event there is any obstruction to

the execution of the decree, necessary police help may be obtained.

8. Let supplementary affidavit filed be kept with the record.

(BISWAROOP CHOWDHURY, J.)

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