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2019 Supreme(Bom) 620

SUNIL K.KOTWAL
Uttam Vithalrao Tekale – Appellant
Versus
Rajabhau Sopan Shelke – Respondent


Advocates Appeared:
V.D. Salunke, Adv., N.P. Patil (Jamalpurkar), Adv.

JUDGMENT :

Sunil K. Kotwal, J.

This appeal is directed by Original Defendant Nos. 11 to 13, against the judgment and decree passed by the District Judge-III, Osmanabad, in Trust Suit No. 01 of 2004, whereby the scheme was framed for the proper management of the trust Shri. Sant Goroba Kaka Shikshan Prasarak Mandal, Karanjkheda, Tq. Kalamb, District Osmanabad (hereinafter referred to as the 'Trust'). Respondent Nos. 1 and 2 are Original Plaintiffs and other respondents are Original Defendants. In fact, this is the second round of litigation in between the same parties after the remand of suit by this Court, in accordance with directions given in the First Appeal No. 127 of 2014. (hereinafter the parties are referred in accordance with their status in the original proceeding as Plaintiffs and Defendants).

2. Facts leading to the institution of this appeal are that plaintiffs filed a Trust Suit for approval of the scheme framed for the management of the Trust and for directions to defendant Nos. 1 to 9 to run the affairs of the Trust in accordance with new scheme. The admitted facts





































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