HIGH COURT OF BOMBAY
SUNIL K.KOTWAL, J
Smt. Shantidevi w/o Laxminarayan Agrawal – Appellant
Versus
Seth Kasturmal Dalsukh Dharmashala – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and factual background. (Para 1 , 3) |
| 2. arguments regarding ownership and procedural objections. (Para 4 , 8 , 9 , 10) |
| 3. court's analysis on the sufficiency of evidence regarding the trust property. (Para 5 , 6 , 7 , 11 , 12 , 13 , 14 , 16 , 17 , 18 , 20 , 21 , 22 , 23 , 24 , 26 , 27 , 28 , 29) |
| 4. conclusions on the legal implications regarding the trust. (Para 19 , 25 , 30 , 31 , 32 , 33) |
| 5. final order dismissing the appeal. (Para 34) |
JUDGMENT :
This appeal is directed by original defendants in Regular Civil Suit No. 2 of 2004 against the judgment and decree, passed by the District Judge-2, Dhule for declaration and possession.
2. Respondents in this appeal are original plaintiffs.
3. Facts leading to institution of this appeal, in brief, are :
Seth Kasturmal Dalsukh Dharmashala, registered trust under P.T.R. No. A-235,Dhule through its two trustees filed Civil Suit for declaration that Old Plot No. 30 of C.T.S. No. 597 to 600 and 1184 to 1186, admeasuring east-west 98 Feet and north-south 40 feet, situated at Dondaicha, Taluka Sindkheda, District Dhule is trust property of plaintiff trust and for perpetual injunction as well as for decree for po
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