Calcutta High Court
Shree Shree Iswar Sitaram Jew And Ors vs Arkoprovo Ganguly And Ors on 17 November, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-4, 5-14, 19-22, 33-34
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA No. GA/4/2025
In
EOS/4/2025
SHREE SHREE ISWAR SITARAM JEW AND ORS.
VERSUS
ARKOPROVO GANGULY AND ORS.
IA No. GA/1/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/2/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/3/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
2
IA No. GA/4/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/5/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/6/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/7/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/8/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/9/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
3
IA No. GA/10/2025
In
EOS/6/2025
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
SUBHODEEP GANGULY AND ORS.
IA No. GA/1/2025
In
CS/229/2024
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
ARKOPROVO GANGULY AND ORS.
IA No. GA/3/2025
In
CS/229/2024
SHREE SHREE ISWAR SITARAM JEW AND ORS.
VERSUS
ARKOPROVO GANGULY AND ORS.
IA No. GA/1/2025
In
EOS/4/2025
SHREE SHREE ISWAR SITARAM JEW AND ORS.
VERSUS
ARKOPROVO GANGULY AND ORS.
IA No. GA/2/2025
In
EOS/4/2025
SHREE SHREE ISWAR SITARAM JEW AND ORS.
VERSUS
ARKOPROVO GANGULY AND ORS.
4
IA No. GA/2/2025
In
CS/229/2024
SHREE SHREE ISWAR SITARAM JEW AND ANR.
VERSUS
ARKOPROVO GANGULY AND ORS.
IA No. GA/3/2025
In
EOS/4/2025
SHREE SHREE ISWAR SITARAM JEW AND ORS.
VERSUS
ARKOPROVO GANGULY AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 17th November, 2025
Appearance:
Mr. Shyak Mitra, Adv.
Ms. Antara Biswas, Adv.
Ms. Akanksha Mukherjee, Adv.
Ms. S. D. Chowdhury, Adv.
For the plaintiffs/petitioners.
Mr. Aniruddha Chatterjee, Sr. Adv.
Mr. Rohit Banerjee, Adv.
Mr. Debabrata Roy, Adv.
For the defendant/respondent no.1 (on behalf of Arkoprovo Ganguly)
Mr. Haradhan Banerjee, Adv.
Mr. Kushal Chatterjee, Adv.
Mr. Oishik Chatterjee, Adv.
For the defendant/respondent no.2.
Mr. Arindam Banerjee, Sr. Adv.
Mr. Pranit Bag, Adv.
Mr. Raja Baliyal, Adv.
Mr. Rajarshi Ganguly, Adv.
Mr. Vidhya Bhusan Upadhyay, Adv.
For the defendant/respondent no.3.
Ms. Indrani Mukherjee, Adv.
Mr. Aurin Chakraborty, Adv.
Ms. Sucheta Mitra, Adv.
For the Applicant in IA No. GA/2/2025 in EOS/4/2025.
Mr. Sakya Sen, Sr. Adv.
Mr. Aditya Mondal, Adv.
For the defendant/respondent no.4 in EOS 4 of 2025 and plaintiff in CS 229 of 2024
Ms. Ranjana Seal, Adv.
For the defendant no.7 in CS 229 of 2024.
Mr. Suman Dutt, Sr. Adv.
Mr. Soumabho Ghose, Adv.
Mr. Arijeet Doss Mullick, Adv.
For the defendant no.4 in EOS 6 of 2025
The Court:- The subject matter of these three suits being EOS No. 4 of
2025, EOS No. 6 of 2025 and CS No. 229 of 2024 is a debutter estate created
by an 'Arpannama' dated 31st March, 2022 by which Sital Chandra
Bandopadhyay bequeathed certain properties to the deity Shree Shree Ishwar
Sitaram Jew for the purpose of daily deva seva and periodical pujas and/or
festivals. Sital Chandra Bandopadhyay and his wife Rajlakshmi Debi were the
first shebait and were to continue to remain so as long as both of them were
alive. Sital and Rajlakshmi had a son by the name of Panchanan. Till upto the
death of Panchanan, there was no difficulty in ascertaining the shebaits in
accordance with the appointment procedure laid down in the 'Arpannama'.
The problem started after the death of Panchanan when he left behind his
widow and three daughters, namely, Ashalata, Diptilata and Kanaklata as his
only heiress. The appointment procedure of shebaits in the 'Arpannama' fell for
interpretation of this Court as it excluded the female descendants. However, by
virtue of the judgment of the Privy Council delivered on 8 th January, 1944, this
issue has been set to rest as a consequence whereof Ashalata, Diptilata and
Kanaklata became the shebaits of the deity. Ashalata relinquished her
shebaitship while Diptilata and Kanaklata retained the same. Diptilata died
intestate without leaving any issue and her husband having predeceased her
gave way to the children of Ashalata to be the shebaits although Ashalata had
relinquished her shebaitship since Ashalata and Kanaklata had died by that
time. As on date, the children of Kanaklata and Ashalata are claiming to be
the shebaits of the deity.
Although this Court at the first instance is in the process of considering
the right of the parties who claim to be the shebaitships to represent the deity,
but after hearing Raktima Chatterjee belonging to the branch of Ashalata who
claims to have become entitled to be a shebait through Diptilata, it appears
that the entire dispute can be put to rest if the parties who are claiming to be
the shebaits of the deity come to a consensus regarding the immovable
property situated at 1A, Dr. Radha Kumud Mukherjee Sarani (Formerly known
as Cornfield Road, P.O. Garihat, Kolkata 700019) that is to say whether they
intend to develop it or they do not. If the persons claiming to be the shebaits
agree to the property being developed then the modalities can be worked out to
give the same a realistic shape. The development of the said estate will not
only augment the income but also will provide fund and infrastructure for
carrying out the duties of shebaitships in future. If there is no consensus then
the matter will have to be decided on merits.
The matter is adjourned till 9th December, 2025 when the parties who
are claiming to be the shebaits should apprise the Court about their decisions
in connection with the Cornfield Road property as to whether they intend to
develop or to retain it in the present condition.
(ARINDAM MUKHERJEE, J.)
snn.
