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2008 Supreme(Bom) 650

S.RADHAKRISHNAN, ANOOP V.MOHTA
Khojeste Mistree – Appellant
Versus
Minoo Rustomji Shroff – Respondent


JUDGMENT (PER : DR.S.RADHAKRISHNAN,J.)

1. In all the above three Appeals, the Appellants are challenging the order dated 5th April,2007 passed by the learned single Judge in Misc.Petition No.17 of 2006. We have heard all the learned Counsel as well as parties in person mentioned hereinabove. The brief facts pertaining to Misc.Petition No.17 of 2006 are, that the Petitioners at the time of filing of the said Petition were six trustees for the time being of the funds and immovable Properties of the Parsee Panchayat of Bombay. Hereinafter referred to as the "BPP" Scheme.

2. The petitioners in Miscellaneous Petition No.17 of 2006 are the six trustees for the time being of the Funds and Immovable Properties of the Parsee Panchayat of Bombay (hereinafter referred to as the BPP). The Scheme for the Election of Trustees of the BPP (hereinafter referred to as the Scheme) was originally sanctioned by this Court on 18/06/1910 in Suit No.689 of 1906 and thereafter amended from time to time by this Court. The necessity for filing this petition had arisen in the following circumstances:

a) The petition to carry out the last amendments to the Scheme was filed on 27.1.2000. During this period, the

























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