Form No.J(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Mr. Justice Sabyasachi Bhattacharyya & The Hon’ble Mr. Justice Sandip Kumar De FMA 362 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 Shrimat Titikshananda Brahmachari and Ors. Vs. Pranabeshananda Brahmachari and Ors. For the appellants : Mr. Rwitendra Banerjee, Mr. Rajdeep Pramanik, Advs. For the respondents : Mr. Rahul Karmakar, Mr. Dibashis Basu, Mr. Sounak Mukherjee, Mr. Arun Bandyopadhyay, Advs. Heard on : August 17, 2026. Judgment on : August 17, 2026. Sabyasachi Bhattacharyya , J. : 1. The parties, as per previous direction, suggest names of one auditor each. 2. The matter arises out of an injunction order in respect of the functioning of a trust. There are serious disputes between the parties. Whereas the plaintiff/respondent no. 1 alleges that the said respondent has been ousted from the functioning of the trust, serious allegations of mismanagement of the trust and defalcation of its funds are also levelled against the defendant/appellant no. 1 by the respondent no. 1. 3. Learned counsel appearing for the appellants, on the other hand, submits that the appellant no. 1 is a life trustee even as per the deed of trust and thus, cannot be shunted from the functioning of the trust. 4. Upon hearing learned counsel for the parties, this Court is of the opinion that in the event Joint Auditors are appointed to oversee the functioning and financial activities of the trust, any apprehension with regard to siphoning off the funds can be allayed. 5. Accordingly, in the light of the observations recorded in our orders dated May 5, 2026 and July 27, 2026, FMA 362 of 2026 is disposed of by modifying the impugned order, bearing Order no. 10 dated January 29, 2026 passed by the learned District Judge at Hooghly in OS No. 01 of 2025, to the effect that the Joint Auditors named by the parties, namely, Mr. Sameer Sharma (ICAI Membership no. 061763) (Mob:9831001924), Email Address: sdacas@gmail.com, Partner of Sammer D & Associates (Firm Registration No. 325179E), Office at 4, Fairlie Place, HMP House, 2nd Floor, Room No. 203, Kolkata - 700001 and Mr. Sanjay Kumar Ringsia (ICAI Membership no. 061415 of Calcutta) (ICAI Decentralised Office, ICAI Bhawan, 382/A, Prantik 2 Pally, Rajdanga (Near Acropolis Mall & Garden High School), Kasba, Kolkata – 700107), (Tel: 033 30840201, Email: ero@icai.in, website: http://www.icai.org), are hereby appointed as Joint Auditors to oversee the functioning of the subject trust. 6. The appellant no. 1, who is currently at the helm of affairs of the trust, shall continue to administer the trust, subject each and every decision, including financial decisions, of the trust being scrutinized by the said Joint Auditors. Only subject to approval by both the said Auditors shall any financial activity and other activities relating to the trust be undertaken and take effect. 7. In the event there is any doubt or lack of consensus between the auditors and/or any other issue regarding the functioning of the trust, it will be open to the parties and/or the Joint Auditors, together or separately, to approach the Trial Court with an appropriate application in that regard seeking appropriate orders. 8. This arrangement shall continue till the disposal of the suit but shall be subject to the final outcome of the appeal and/or any further order/arrangement, if passed or made by the learned Trial Judge during the pendency of the suit due to subsequent developments. 9. It is made clear that the above order shall not create any special equity in favour of either of the parties and the learned Trial Judge shall decide the suit independently, in accordance with law, and on its own merits, without being influenced unnecessarily by any of the observations made herein or in the impugned order. 3 10. The remuneration of the Joint Auditors shall be borne equally by the parties, their respective remunerations being borne by each of the parties in respect of the Joint Auditor nominated by them. 11. The parties are hereby further restrained from transferring and/or alienating in favour of third parties the assets of the trust as well as from appointing new trustees and/or removing any of the existing trustees, also till disposal of the suit. The Joint Auditors shall file quarterly reports with regard to the accounts of the trust before the Trial Court. 12. CAN 1 of 2026 and CAN 2 of 2026 are also disposed of accordingly. 13. No order as to costs. 14. Urgent certified copies of this judgment, if applied for, be supplied to the parties upon compliance of requisite formalities. I agree. (Sabyasachi Bhattacharyya, J.) (Sandip Kumar De, J.) AD -1 Ct No.16 17.08.2026 (SSS) 4