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1965 Supreme(Guj) 94

N.K.VAKIL
ISMAIL HAJI MOHAMMED ABRAHANI – Appellant
Versus
STATE of Bombay – Respondent


Advocates Appeared: G.M.VIDYARTHI, SURESH M.SHAH

N. K. VAKIL, J.

( 1 ) THIS is a second appeal by the plaintiffs against the order of the District and Sessions Judge Sorath Junagadh dismissing their First Appeal under Order 41 rule 11 clause (1) Civil Procedure Code.

( 2 ) THE plaintiffs had filed a suit against the original State of Saurashtra under sec. 92 of the Civil Procedure Code for the relief that certain immovable properties which plaintiff No. 1 had by a wakfnama handed over for the benefit of one Islamia Girls School at Junagadh be made use of for another object mentioned in that very wakfnama as the original object had failed and for framing a scheme. Various grounds were set forth in support of this prayer but they are not necessary to be stated herein. The State had contested the plaintiffs suit on various grounds and the trial Court came to the conclusion that none of the grounds urged by the plaintiffs entitled them to the reliefs that they had claimed and dismissed the suit with costs. The plaintiffs had filed the suit in their capacity as trustees of the said wakf or public charitable trust and as stated above had sought for a scheme regarding those properties. Being aggrieved by the decision of the trial Court t









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