Rambhai Najhbhai Dhadhal vs Kishorbhai Meghajibhai Bhalani
2021 Latest Caselaw 7463 Guj

    C/SCA/9158/2021                                   ORDER DATED: 01/07/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9158 of 2021
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                         RAMBHAI NAJHBHAI DHADHAL
                                  Versus
                      KISHORBHAI MEGHAJIBHAI BHALANI
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Appearance:
MR CHETAN K PANDYA(1973) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,10,2,3,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                              Date : 01/07/2021

                               ORAL ORDER

When the matter is taken up for hearing, learned advocate Mr. Chetan Pandya appearing for the petitioner has submitted that without any just cause, the Trust is inclined to sell away the property with a view to purchase some property in different district far away at Veraval for the purpose of construction of temple, which, according to him, cannot be said to be in public interest. Apart from that, Mr. Pandya has submitted that the conclusion arrived at on the issue of prima facie case, balance of convenience and irreparable loss is also not cogently dealt with and though the judgment of this Court in the case of Ramdev Developers Through Partner -Kishor G. Vavia Vs. Joint Charity Commissioner, Surat and others reported in 2009(1) GLR 337 was pointed out before the Tribunal, but no attention is paid, as is clearly reflecting from the order.

In view of the aforesaid submissions, NOTICE returnable on 16th July 2021.

(ASHUTOSH J. SHASTRI, J) OMKAR