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2016 DIGILAW 859 (CAL)

Oramba Charan Ghosh v. State

2016-11-08

ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA

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JUDGMENT : Jyotirmay Bhattacharya, J. 1. This second appeal is directed against the judgment and order dated 21st December, 2015 passed by the learned Additional District Judge, Bolpur, Birbhum, in Title Appeal No. 22 of 2015 affirming the judgment and decree dated 20th February, 2015 passed by the learned Civil Judge, Junior Division, 2nd Court at Bolpur, Birbhum, in Title Suit No. 77 of 2013 at the instance of the plaintiff/appellant. 2. Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure or not. 3. The only question which was cropped up in the suit was as to the legality of the sale of the deities' property without permission from the competent court. 4. Both the courts below held that sale of the deities' property without obtaining permission from the competent Court is illegal and thus such sale was held to be void. 5. We do not find any illegality in such conclusion drawn by the courts below as the deity is a perpetual minor and its properties cannot be sold without proof of legal necessity of the deity and without obtaining permission from the competent court. 6. Accordingly, we hold that no substantial question of law is involved in this appeal. 7. We, thus, decline to admit this appeal. The appeal, thus, stands dismissed. The application is disposed of accordingly.