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Sevak Kirpashankar Daji Vs. Gopalrao Manohar Tambekar - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtMumbai
Decided On
Judge
Reported in(1913)15BOMLR13
AppellantSevak Kirpashankar Daji
RespondentGopalrao Manohar Tambekar
Excerpt:
.....suggested by their lordships and assented to by the respondents, as the appellants had not satisfied their lordships that discretion had been improperly exercised or that the high court had not given due consideration to matters which they were directed to take into consideration, and dismissed the appeal subject to those modifications. - - it is very largely a matter of discretion, and the appellants have not satisfied their lordships that discretion has been improperly exercised or that the high court have not given due consideration to matters which they were directed to take into consideration......consideration. their lordships will, therefore, humbly advise his majesty that, subject to the modifications referred to, this appeal ought to be dismissed.2. with regard to the costs of this appeal, their lordships think that they should all come out of the temple funds. in the first instance, the appellant must, of course, pay the costs of the respondents, and they will have the right to :recoup themselves as regards those costs and their own costs out of the temple funds.
Judgment:

Macnaghten, J.

1. Subject to the modifications which their Lordships have suggested and which have been assented to by Counsel for the respondents, their Lordships will affirm the scheme. It is very largely a matter of discretion, and the appellants have not satisfied their Lordships that discretion has been improperly exercised or that the High Court have not given due consideration to matters which they were directed to take into consideration. Their Lordships will, therefore, humbly advise His Majesty that, subject to the modifications referred to, this appeal ought to be dismissed.

2. With regard to the costs of this appeal, their Lordships think that they should all come out of the Temple funds. In the first instance, the appellant must, of course, pay the costs of the respondents, and they will have the right to :recoup themselves as regards those costs and their own costs out of the Temple funds.


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