Patil Patwari Sarai Sansthan ... vs Hemandas Alias Mannaseth ...
2021 Latest Caselaw 13253 Bom

sa.257.08                                                                                                1/2


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                            Second Appeal No.257 of 2008
                                 Patil Patwari Sarai Sansthan
                                               vs.
                              Hemandas alias Mannaseth Kimatmal
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                  Court's or Judge's Orders
or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=


                           Shri K.N. Dadhe, Advocate for the Appellant.
                           Shri N.R. Saboo, Advocate for the Respondent sole.

                                            CORAM       :    S.M. MODAK, J.

                                            DATE        :    16th SEPTEMBER, 2021.

                                            Learned     Advocate         Shri      Saboo        for     the

respondent submitted that he wants to withdraw the power and he has sent a letter to the respondent to that effect. He will produce necessary documents on the next date.

02] Learned Advocate Shri Dadhe for the appellant pointed out that the trial Court has decreed the suit, whereas the appellate Court has reversed the judgment, that is how, the plaintiff has filed the present appeal. It is submitted that the first appellate Court has relied upon some of the judgments, wherein it has been observed that all the trustees of the trust are the necessary parties. In view of that the suit was dismissed.

03] The learned Advocate for the appellant relied upon a judgment in the case of Shyamabai wd/o Surajkaran Joshi & others vs. Madan Mohan Mandir Sanstha - (2010(2) Mh.L.J.476 delivered by Full Bench of this Court. It is also submitted that the view expressed

sa.257.08 2/2

by the Full Bench was also considered by the Division Bench of this Court in Letters Patent Appeal No.428/2009 on 29/09/2010.

04] Let the formalities of withdrawing power be completed, then this Court will hear the appellant. The written notes of arguments has already been filed by the appellant on 09/09/2021.

05] The matter be kept on 14th October, 2021.

JUDGE *sandesh