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1999 Supreme(Bom) 636

H.L.GOKHALE
Gafoor Ali Hussain through legal heirs – Appellant
Versus
Ram Mahadik and others – Respondent


JUDGMENT - H.L. GOKHALE, J.:---This appeal arises from the judgment and decree dated 24-12-1997 passed by a learned Judge of the City Civil Court, Bombay, in Suit No. 3399 of 1983. That suit was filed by the respondent Nos. 1 to 9 herein who are the trustees of a public charitable trust which is known as "Nagrik Sahaya Kendra". The said trust runs a high school known as "Dnyaneshwar Vidyalaya" in Wadala area of the city. The case of these respondents was that the appellants and the respondent No. 10 were trespassers on a part of a shed (adjoining to the high school) belonging to the said trust represented by respondent Nos. 1 to 9 and hence they sought a decree for possession which has come to be granted by the learned Judge. It is relevant to note that because of sheer pressure of the work in the City Civil Court, it took 15 years for the suit to be decided.

2. This First Appeal was admitted on 16-2-1998. Thereafter, on being pointed out the requirements of the respondent Nos. 1 to 9 the record and proceedings were called and hearing of the appeal was expedited by another Judge. The appellants were depositing Rs. 300/- per month in the trial Court. The learned Judge, by his order d






































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