VASANTRAO GANPATRAO GURJAR Vs. JYOTI DEEPAKRAO BHOPLE

JUDGEMENT

(1.) BEING aggrieved by the Judgment and Decree dated 24th January, 2013 passed by District Judge -12, Nagpur, in Regular Civil Appeal No. 240 of 2008, and order dated 22nd March, 2013 passed in Misc. Civil Application No. 155 of 2013 for review, the present Second Appeal has been filed by the original plaintiff. Regular Civil Appeal No. 240 of 2008 was filed by the original defendants before the District Judge, Nagpur, against the Judgment and Decree dated 30th March, 2007 passed by Second Joint Civil Judge (Senior Division), Nagpur, in Special Civil Suit No. 1630 of 1998 for specific performance of contract. In the said appeal, Adv. Mr. R.S. Parsodkar appeared for respondent, i.e., original plaintiff Vasantrao Gurjar and also filed Written Notes of Arguments under his signature.

(2.) IT is not in dispute that when originally the scheme was framed in the year 1970 for the religious Trust in question, following clauses, namely Clauses 7, 9 and 17 were inserted in the Scheme. Those Clauses read thus: - -

(3.) UPON hearing learned counsel for the rival parties and upon perusal of the said reason recorded by the learned District Judge, this Court is astonished to see the same and hence the following Substantial Question of Law, particularly because Mr. Manohar has not pressed for other reliefs: