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2010 Supreme(Kar) 654

ARAVIND KUMAR
Cutchi Memon Jamath Rep by its President – Appellant
Versus
Hajee Sir Ismail Sait Wakf Estate, By its Trustee – Respondent


Advocates appeared:
For the Petitioners:Abhinav R for Sri Kumar & Kumar, Advocates.
For the Respondents:R1 to R4 - Rajendra for M/s. Holla & Holla, Advocates.

Judgment :-

1. This writ petition is directed against the order dated 10/6/2010 passed by XLIV Additional City Civil and Sessions Judge, Bangalore in O.S.No.7871/2009 on admissibility of the Will produced by the plaintiffs.

2. The facts leading to the filing of this petition are as under.

2.1. Respondents 1 to 4 have instituted a suit against the petitioners herein and respondents 5 and 6 for the relief of perpetual injunction to restrain the defendants, their men, agents and any one claiming through under the defendants from combining the suit schedule property with any other property and also for the relief of perpetual injunction to restrain the defendant from putting up any building on schedule property other than a building meant only for the purpose of “Hajee Sallah Mohamed Ahmed Sait Cutchi Memon Jamat Khana”.

2.2. On service of summons the defendants (writ petitioners) have entered appearance and have filed their written statement in detail. On the basis of the pleadings trial court has framed issues for its consideration and in order to establish the claim made in the suit, plaintiffs had examined one witness namely plaintiff no.2 and during he course of his evidence a Wi























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