Mahadevji Shree Pataleshwar Public ... vs Mahesh Govindji Trivedi And Anr
2026 Latest Caselaw 2868 Bom

Bombay High Court

Mahadevji Shree Pataleshwar Public ... vs Mahesh Govindji Trivedi And Anr on 18 March, 2026

2026:BHC-OS:6831

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        TESTAMENTARY AND INTESTATE JURISDICTION
                     THIRD PARTY APPLICATION (LODG.) No. 3988 OF 2026
                                           IN
                          TESTAMENTARY PETITION NO. 724 OF 2004


          Ramalaxmi Ravishankar Trivedi
          alias Ramalaxmi R. Trivedi                                   ...Deceased

          Mahesh Govindji Trivedi                                      ...Petitioner

          and
          Mahadevji Shree Pataleshwar Public Trust                     ...Third party applicant


                                                           Before : Smt. P. P. Bhaidkar,
                                                                    Addl. Registrar (O.S.)/
                                                                    Addl. Prothonotary and
                                                                    Senior Master

                                                           Date   : 18th March 2026.


          Mr. D. S. Kulkarni with Mr. Atish Mahade, Advocate for the third party
          applicant.
          Mr. Omkar Kulkarni, Advocate for Orig. Petitioner.


          P. C. :
          1.    This third party application is filed by Mahadevji Shree
          Pataleshwar Public Trust for obtaining certified copy of Grant of
          Probate Certificate alongwith the Schedule annexed thereto in
          Testamentary Petition No. 724 of 2004. It is stated in the Affidavit in
          support of the third party application that the aforesaid application is
          filed for revocation and cancellation of the Grant of Probate Certificate
          granted in favour of Shri Mahesh Govindji Trivedi on 30.12.2016. The



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Applicant had filed Interim Application (L) No. 14855 of 2023 in
Miscellaneous Petition No. 13929 of 2023 which was disposed of by an
Order dated 09.12.2019 and liberty was granted to the Petitioner
therein to institute a fresh Petition in the event the Joint Charity
Commissioner, Rajkot grants permission to initiate and pursue said
Petition for revocation of the grant.         It is stated that the Ld. Joint
Charity Commissioner was pleased to grant permission vide its Order
dated 04.04.2024. It is further stated that the property bequeathed to
the Respondent herein vide the Grant of Probate Certificate, are

actually owned by the Trust, the third party applicant.

2. The Orig. Petitioner has filed reply to the aforesaid third party application vide Affidavit dated 21.02.2026. It is stated in the Affidavit in reply that the above application is ex-facie false, malicious, mischievous and frivolous and is totally devoid of any merits and deserves to be dismissed with costs. The Orig. Petitioner has denied each and every allegation, contention and insinuation contained in the aforesaid application. It is stated that Ravishankar Gaghubhai Trivedi, the original owner of the property was married to one Labhkorbai. Since Labhkorbai was unable to conceive a child, Ravishankar, in the year 1939-1940, married to Ramalaxmi (Sister of Orig. Petitioner). Ravishankar has died on 18.06.1956 leaving behind both his wives. The said Ravishankar had left his last Will and Testament dated 14.05.1956. Thereafter, Labhkorbai passed away in the year 1958. Consequently, Ramalaxmi was left as the sole surviving widow and heir of Ravishankar. Labhkorbai had left her last Will and Testament dated 04.08.1956 whereunder, inter alia, the said property was bequeathed to Shantilal Oza. Letters of Administration of the said Will was also

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granted on 08.10.1958. The said Shantilal Oza gave rights derived from Labhkorbai under Letters of Administration is respect of Bhandar Wadi and other properties at Mandvi to Ramalaxmi on 01.11.1980 by accepting the consideration. It is further stated that Ramalaxmi had four brothers including the Orig. Petitioner and two sisters. On 31.08.2001, Ramalaxmi executed her last Will and Testament wherein the Orig. Petitioner was appointed as Executor. The said Ramalaxmi has expired on 03.01.2004. On her death, the Orig. Petitioner filed Testamentary Petition No. 724 of 2004 seeking grant of Probate of the Will dated 31.08.2001 of Ramalaxmi. On Caveats being filed by Bhagwanji Govindji Trivedi and Mugatlal Govindji Trivedi, other brothers of Ramalaxmi and the Respondent, the Testamentary Petition was converted into Testamentary Suit No. 11 of 2012.

3. It is further stated that the said property was sold by Bhagwanji to one Narayanbhai alias Nanalal Jethalal vide a registered Sale Deed dated 18.04.2007. The Orig. Petitioner was therefore constrained to file Special Civil Suit No. 86 of 2007 before Senior Civil Judge, Bhuj, Kutch for cancellation of the Sale Deed. The said Suit came to be dismissed vide Order dated 21.06.2012. The Orig. Petitioner thereafter filed First Appeal No. 2453 of 2012 before the Hon'ble High Court at Gujarat challenging the Order of dismissal. Vide Order dated 05.12.2013, the Hon'ble High Court at Gujarat was pleased to allow the Appeal. The Order of dismissal was set aside and the sale transaction was held as illegal, null and void. The Special Leave Petition (Civil) No. 13643 of 2014 filed by the third parties against the Judgement and Order dated 05.12.2013 was also dismissed by the Hon'ble Supreme Court vide Order dated 07.05.2014. It is further stated that

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the third parties had also attempted to interfere in the Testamentary Suit by filing Chamber Summons No. 39 of 2013 for impleadment as Respondents. The said Chamber Summons dismissed vide order dated 10.06.2013. In Appeal, the Division Bench vide order dated 25.08.2015 uphold the Order passed by the Single Judge. Ultimately, this Hon'ble Court was pleased to decree the Trust Suit in favour of the Orig. Petitioner vide Order dated 07th/08th July 2016. The Orig. Petitioner through Advocate has published various public notices in newspapers at Mandvi, Gujarat informing about factual position of the properties. No letter of whatsoever nature was received pursuant to any of the said public notices from the Petitioner. The said property has now been sold in the year 2022 to 15 persons by executing registered Deeds of Sale through Deed of Conveyance and possession of the said property has been handed over to the purchasers by the Respondent. The said plots which form a part of the said property, have further been sold by the purchasers.

4. The Applicant has already filed Miscellaneous Petition (L) No. 13929 of 2023 in the above Testamentary Petition for revocation of the Probate granted to the Orig. Petitioner and the same is pending before this Hon'ble Court. It is stated that the applicant has no semblance of interest in the said property and is not entitled to claim any reliefs against the Orig. Petitioner. It is further stated that pursuant to the permission granted by the Joint Charity Commissioner Rajkot, the third party applicant herein had filed Trust Suit No. 01 of 2024 before the Court of Principal District Judge Kachchh at Bhuj for declaration of its right in the said property and challenging the Sale Deeds executed in favour of third parties. The said Suit has also been dismissed by the

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Hon'ble Principal District Judge, Kachchh at Bhuj by its Order dated 20.07.2024. The Hon'ble Principal District Judge in the said Order dated 20.07.2024 categorically held that the late Ravishankar Trivedi has given the land 134 feet East West and 44 feet North South in Survey No. 154 Bhandarvadi, Mahadev Vadi for Pataleshwar Mahadev Temple and the said fact is also narrated in Trust Deed. The Hon'ble Principal District Judge has further held that the remaining land of Survey No. 154 is personally under ownership of late Ravishankar Trivedi and the Applicant Trust has no right over the remaining land of Survey No. 154. As such the competent Civil Court has already rejected the claim of the Applicant over the said property and dismissed the Suit. The Orig. Petitioner has denied that the properties bequeathed to the Orig. Petitioner are owned by the Trust and the applicant Trust is put to strict proof thereof. The Orig. Petitioner stated that the Applicant has failed to make out any case for allowing the above Application and prayed that the present application ought to be dismissed with compensatory costs.

5. I have perused the third party application and Affidavit in reply and the Exhibits annexed thereto and heard the Ld. Advocates for the third party applicant and the Orig. Petitioner. Upon perusing Order dated 19.12.2023 passed by this Hon'ble Court in Miscellaneous Petition (Lodg.) No. 13929 of 2023, it appears that the said Petition is disposed of with liberty to the Petitioner to file the same afresh, in the event, the Joint Charity Commissioner, Rajkot, in the pending proceedings grants permission to the Petitioner to institute and pursue such a Petition for revocation of grant or it is held by the said authority that no such permission is required. I have perused the order of Joint

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Charity Commissioner passed in Miscellaneous Petition (L) No. 13929 of 2023 which is passed on 03.04.2024, wherein the Ld. Joint Charity Commissioner has granted permission to the Applicant herein to file Trust Suit under Sec. 50 of the Act before the Court of Principal Civil Judge Bhuj against Respondent therein. In the said Order, nothing is mentioned regarding permission to the third party applicant to institute and pursue the Petition for revocation of grant or that no such permission is required. Pursuant to the permission granted by Joint Charity Commissioner to file Civil Suit, the third party applicant had filed Trust Suit No. 01 of 2024 before the Hon'ble Principal District Judge Kachchh at Bhuj and the said Suit has been rejected under Order VII, Rule 11(a) and (d) of the CPC vide order dated 20.07.2024.

6. The Ld. Advocate for the third party applicant by filing Affidavit in Rejoinder dated 04.03.2026 annexed objection sheet raised by the scrutiny officer in fresh Miscellaneous Petition (L) No. 16542 of 2025 wherein one of the objection is raised regarding annexing entire grant papers of Testamentary Petition No. 724 of 2004. The said objection can be waived as the original set of Testamentary Petition No. 724 of 2004 in which the aforesaid Miscellaneous Petition for revocation of grant is filed, can be produced before the Hon'ble Court at the time of hearing. It appears that the said Miscellaneous Petition is filed without obtaining permission from the Joint Charity Commissioner. The third party applicant has not annexed any document showing that the said property is owned by them and/or any steps taken by them for transferring the said property in its name since the year 1954, if at all the said property is bequeathed or gifted to the Trust by the deceased Ravishankar Trivedi.

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7. In view of the aforesaid facts and circumstances, I am of opinion the third party applicant has not shown sufficient cause for obtaining certified copy of the grant of Probate and orders annexed thereto. In view thereof, third party application is rejected and disposed of accordingly.

Addl. Registrar (O.S.)/ 18.03.2026 Addl. Prothonotary and Senior Master