1 ca4276.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 4276 of 2010 IN FIRST APPEAL (ST) NO. 9481 OF 2010 Nanjibhai Khimjibhai Thakkar & ors. ...Applicants v/s. Maharashtra Vidya Vikas Mandal Kurla, Bombay & anr. ...Respondents Mr. S.M. Oka i/b. Sagar Joshi and S.P. Nalawade for the applicants. Mr. C.S. Joshi for the respondents. CORAM:- B.R. GAVAI, J. DATED :- FEBRUARY 22 2011. P.C. The learned Counsel for the appellant seeks leave to amend the prayer clause so as to incorporate prayer for grant of stay to the order impugned in the Appeal. Leave granted. Amendment be carried out within a course of the day. 2. Heard the parties on the question of grant of interim-relief. 2 ca4276.10.sxw 3. The Appeal challenges the Judgment and decree passed by learned trial Court vide which the learned Judge has passed an order thereby holding that an agreement except the portion marked Exhibit A was executed between the parties and directing the parties to act upon the same except the marked portion. 4. Reading of Paragraph 4 clause (b) in entirety would reveal that there is a contradiction in the portion marked A and the portion which is immediately appearing thereafter. It appears from the portion marked A that the Appellant was entitled to get the income from the hall for a period of 30 years and thereafter it was to be distributed in the share of 50-50 between the Appellant and the Respondent. However, Paragraph appearing immediately thereafter would reveal that the appellant is required to incur the expenses towards the said hall and if after deducting the expenses, there is a profit, the same has to be shared in the equal portion. It would appear that portion marked A is in a different type and has been squeezed between the two paras. 5. In that view of the matter, I am not inclined to grant interim-relief as 3 ca4276.10.sxw prayed for. In any case, since both the trusts are registered trusts, they would be required to maintain the accounts, which would also be required to be audited. In the event, if appeal succeeds, the Appellant can always be compensated in the monetary terms. 6. In that view of the matter, no case is made out for grant of interim- relief. The same is rejected. (B.R. GAVAI, J)