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2022 Supreme(Online)(Bom) 505

HIGH COURT OF BOMBAY
S.J. KATHAWALLA, J
Adi Burjor Banaji – Appellant
Versus
Bakhtawar Maneksha Jijina – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Karl F. Tamboly, Mr. J. N. Mistry, Ms. Vijaya Bhat, Ms. Avan Ardeshir
For the Respondents: Ms. Sapna Khobragade, Ms. Gayatri Nayak, Mr. Raj Gupta i/by Mr. Rajesh Khobragade

JUDGMENT :

1. The present Judgment shall dispose of Suit No. 236 of 2014 filed before this Court (‘the High Court Suit’), as well as S.C. Suit No.2546 of 2011 which was originally filed before the Bombay City Civil Court at Bombay (‘the City Civil Court Suit’). The Plaintiffs in the High Court Suit had filed Notice of Motion No. 428 of 2014 seeking interim reliefs during the pendency of the High Court Suit. During the hearing of that Notice of Motion, both sides had consented to both the High Court Suit and the City Civil Court Suit being tried and heard together. Accordingly, by my order dated 15th April 2014 passed in Notice of Motion No. 428 of 2014 in the High Court Suit, the Office of this Court was directed to call for the record and proceedings in the City Civil Court Suit to this Court. Pursuant thereto, the record and proceedings in the City Civil Court Suit was transferred to this Court, and both Suits have thereafter been tried and heard together.

2. The Plaintiffs in the High Court Suit are the Trustees of the Banaji Limji Agiary Trust (‘the Trust’), which is a public charitable trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 . The Defend










































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