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Bombay High Court

Kashiram @ Kashinath Sadashiv Mahajan ... vs Nhavi Masjid Trust Thro. New Trustees- ... on 22 November, 2018

Author: A.M. Dhavale

Bench: A.M. Dhavale

                                                           C.A. No.10989/2017
                                        1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                    CIVIL APPLICATION NO.10989 OF 2017 IN
                       SECOND APPEAL NO.453 OF 1992



 Kashiram @ Kashinath Sadashiv Mahajan
 Died, through L.Rs.
 Jaibai Kashinath Mahajan & ors.                       ...APPLICANTS

          VERSUS

 Nhavi Masjid Trust, through its new Trustees
 Zafar Khan s/o Yasin KLhan & ors.                     ...RESPONDENTS


                                  .....
 Shri V.T. Chaudhary, Advocate for applicants
 Shri S.S. Kazi, Advocate for respondents
                                  .....


                                      WITH


                    CONTEMPT PETITION NO.673 OF 2015 IN
                      SECOND APPEAL NO.453 OF 1992



 Shaligram s/o Kashiram Mahajan & ors.        ...PETITIONERS

          VERSUS

 Nhavi Masjid Trust, through its new Trustees
 Zafar Khan s/o Yasin KLhan & ors.         ...RESPONDENTS

                                  .....
 Shri V.T. Chaudhary, Advocate for petitioners
 Shri S.S. Kazi, Advocate for respondents
                                  .....




::: Uploaded on - 22/11/2018                  ::: Downloaded on - 23/11/2018 02:27:14 :::
                                                                C.A. No.10989/2017
                                         2


                               CORAM:        A.M. DHAVALE, J.

                               DATED :       22nd November, 2018.

 ORAL ORDER :

1. The appellants allege perjury committed by the respondents. The notices for perjury can be issued only if the Court is satisfied about prima facie material of perjury. Therefore, the Civil Application No.10989/2017 shall be heard along with the main appeal.

2. The Contempt Petition is also filed. Learned Advocate for the appellants submits that, thereafter the appellants are in possession and there is no obstruction to their possession. Considering this fact, the Contempt Petition also be heard along with the main appeal. The parties to file affidavits in support of their respective cases.

( A.M. DHAVALE ) JUDGE fmp/ ::: Uploaded on - 22/11/2018 ::: Downloaded on - 23/11/2018 02:27:14 :::