OD-3 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IA NO:GA/1/2026 IN ACR/4/2019 IN THE MATTER OF : NUMAZAR DORAB MEHTA AND ORS. BEFORE: The Hon'ble JUSTICE KRISHNA RAO Date : 18th September, 2026. Appearance: Mr. Mainak Bose, Sr. Adv. Mr. Debargha Basu, Adv. …For the Petitioners Mr. Debargha Basu, Adv. Mr. Rayomand Zaiwala, Adv. Mr. Subit Majumdar, Adv. Ms. S. Ganguly, Adv. Mr. Rudraman Bhattacharya, Sr. Adv. Mr. Akash Munshi, Adv. Ms. Alotriya Mukherjee, Adv. 1. The petitioners have filed the present writ application being GA/1/2026 in ACR/4/2019 praying for an order allowing the trust to sell the premise No. 84, Lenin Sarani (erstwhile 83 Lenin Sarani), Kolkata. Learned Counsel for the petitioner submits that now on 13th September, 2026 a Special General Meeting of the Parsi Zoroastrian Community of Kolkata was held and in the said meeting it was resolved that:- “2. To consider and discuss the offers received, the present changed circumstances and the available alternatives to deal with premises No.84 Lenin Sarani (erstwhile 83 Lenin Sarani), Kolkata that will enure to the best interests of the community. “RESOLVED THAT on consideration and discussion of the offers received, the present changed circumstances and the possibility of available alternatives to 2 deal with premises No.84 Lenin Sarani (erstwhile 83 Lenin Sarani), Kolkata that will ensure to the best interests of the community, the community members be and hereby approve of the reassessment of the decision of liquidating the property and utilisation of the same for the benefit of the community members for the time being.” RESOLVED FURTHER THAT, that consent of the community members be and is hereby accorded to the Trustees to withdraw the application with the Hon’ble High Court at Calcutta in the pending proceedings initiated and based on a prior resolution adopted by the Community at the Special General Meeting held on 4th August, 2019.” 2. Learned Counsel for the petitioner has produced the minutes of the Special General Meeting of the Parsi Zoroastrian Community of Kolkata on 13th September, 2026. Let the same be kept with the record. 3. In view of the decision taken in the said meeting, now the petitioner is intending to withdraw the present application as the petitioner is not intending to sell the premises in question. 4. Learned Counsel appearing for the intervener has filed the report. Let the same be kept with the record. 5. In view of the resolution taken on in the meeting dated 13th September, 2026, the petitioner has taken decision for withdrawal of the application, accordingly GA/1/2026 is dismissed as withdrawn. 6. The intervener who has been appointed a special officer in the case is discharged as special officer from the instant case. 7. This Court finds that the petitioners have filed the present application for modification of the order dated 14th July, 2023 but the said order has been complied with. Now the petitioners are not intending to 3 proceed with the sale. Accordingly, no further order is required to be passed in ACR/4/2019. 8. ACR/4/2019 is disposed of. (KRISHNA RAO, J.) gb