1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1311 OF 2008 FIRST APPEAL NO. 1311 OF 2008 FIRST APPEAL NO. 1311 OF 2008 Shri Burzor Rustom Joshi ... Appellant Versus Shri Zarir Rustom Joshi & Ors. Respondents Mr. S.G.Aney, Senior Advocate, & Ms.Archana Thakur i/b.Mr. Rajesh S.Patil, Advocate, for the appellant. Mr.V.M.Parashurami, Advocate, & Smt. Khurshid Joshi Kranti Hiwrale i/b. Mr. Prakash G. Lad, Advocates for respondent No.1. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th August, 2008. DATE: 5th August, 2008. DATE: 5th August, 2008. P.C. P.C. P.C. 1. After arguments at length and after perusal of large number of documents which were on record before the Court below, the learned Counsel for the parties conceded that while allowing the Charity Application No.12 of 2005, by the impugned order, the learned Judge 2 of the City Civil Court has not considered many documents and correspondence between Rustam Burjor Joshi and Dara D.Vania. It is also pointed out that one Mrs. Farida Billimoria had scribed the minutes of the meeting dated 16.5.1997,under which the respondent No.1 - Zarir Rustom Joshi claims to have been appointed as a trustee, was not examined by either of the parties. 2. After some discussion, the learned Counsel for both the parties consented that the impugned Judgment may be set aside and the matter may be remanded to the trial Court for fresh hearing and disposal of the said Application as per law after considering the oral and documentary evidence on record. 3. Therefore, the Appeal is hereby allowed. The impugned Judgment passed by the learned Judge, City Civil Court on 3.5.2008 in Charity Application No.12 of 2005 is hereby set aside and the matter is remanded back to the City Civil Court for hearing the parties and deciding the matter afresh after going through all the relevant documents and other material on record. If either of the party makes a request to the learned Judge, City Civil Court, Mrs. Farida Billimoria, who was the Office Assistant of the Trust and who had 3 allegedly scribed the minutes of the meeting dated 16.5.1997, may be summoned as a witness. It goes without saying that if she is summoned as a witness by any of parties, the other side will have right of cross-examination. Appeal stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)