CUTCHI MEMON JAMAT, A SOCIETY REGISTERED UNDER THE SOCIETIES ACT REP. BY ITS PRESIDENT SRI NOOR MOHAMMED ADAM AND SRI NOOR MOHAMMED ADAM S/O LATE ADAM SIDDICK Vs. HAJEE SIR ISMAIL SAIT WAKF A TRUST REP. BY ITS MANAGING TRUSTEE SRI MASOOD SUBHAN

JUDGEMENT

(1.) THESE two appeals arise out of one and the same order passed on I.A. No. 1 by the trial court in O.S. No. 7871/2009. M.F.A. No. 1531/2010 is by defendants -1 and 2, whereas M.F.A. No. 2464/2010 is by the plaintiffs.

(2.) THE defendants are aggrieved by the order on I.A. No. 1 by which order they have been restrained from putting up any building in the suit schedule property pursuant to the invitation dated 27.11.2009 and the plaintiffs are aggrieved by restricting the order of injunction only for a period of three months i.e., upto 13.4.1010. This is how both the parties have come up in appeal

(3.) IT is the case of the plaintiffs that the defendants, claiming to be the persons to manage Hajee Saleh Mohamed Ahmed Sait Cutchi Memon Jamat Khana, have issued an invitation dated 27.11.2009 regarding ground breaking ceremony for the project "Hajee Saleh Mohamed Ahmed Sait Cutchi memon Jamat Khana" (Joint Development) to be performed on 4.12.1009 at the schedule property and the said development is to take place by combining die schedule property with another property of Cutchi Memon Education Trust and, therefore, the plaintiffs averred that the defendants have no right to combine the suit schedule property with any other property and any joint development of the schedule property by combining with other property would go against the express wish and intention of the testator viz., late Hajee Sir Ismail Sait. It is on this foundation that, the plaintiffs sought for an order of permanent injunction restraining the defendants or their agents from combining the suit schedule property with any other properties and also for the relief of permanent injunction restraining the defendants or their agents from putting up any building on the schedule property other than a building meant only for the purpose of Hajee Saleh Mohamed Ahmed Sait Cutchi Memon Jamat Khana. The said property was described as, all that is piece and parcel of the immovable property bearing Nos. 249 to 254 of Cavalry Road, Bangalore, measuring about. '26,000 square feet and the Jamat. Khana building put up thereon.