JUDGMENT - S.M. Daud, J. :--- An issue of some consequence debated fully before this Court, though not raised in the forum below is the subject of this order.

The appellant-plaintiff has filed a suit in the City Civil Court (City Court) Bombay for a declaration and injuction alleging Breach of Trust by Respondents Nos. 1 to 3 (defendants Nos. 1 to 3) vis-a-vis property known as Dhan Bhavan and by the induction of Respondent No. 4 (defendant No. 4) as a trustee of the Bai Dhankorabi Morarji Thakoriji Trust (trust). Interim reliefs were claimed by way of the appointment of a Receiver to take over the trust property and an injunction to restrain defendants from using or dealing with the said property through a motion. The same having been dismissed, plaintiff has come in appeal. The issue under consideration is whether the City Court had jurisdiction to try the suit. If the answer to the issue be in the negative, the order impugned in appeal will naturally not survive.

3. Plaintiff a co-trustee of defendants Nos. 1 to 3 complains of defendant No. 1 with the aid of defendant Nos. 2 and 3 misusing her position as a managing trustee. Defendant No. 1 has got the plaint defendant No. 2

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