Gujarat High Court
Dineshbhai Kanjibhai Barot vs Kiritbhai Ranchhodbhai ... on 21 October, 2021
Bench: Sangeeta K. Vishen
C/SCA/15419/2021 ORDER DATED: 21/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15419 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 15487 of 2021
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DINESHBHAI KANJIBHAI BAROT
Versus
KIRITBHAI RANCHHODBHAI BRAHMBHATT
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Appearance:
MR. MIHIR J THAKORE, SENIOR ADVOCATE AND MR. MITUL SHELAT
WITH BHAUMIK DHOLARIYA(7009) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,10,11,12,13,14,15,16,3,5,6,7,8,9
MR VISHAL T. PATEL(6518) for the Respondent(s) No. 2,4
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 21/10/2021
COMMON ORAL ORDER
With the consent of the learned advocates appearing for the
respective parties, the petitions are taken up for final disposal at the
admission stage.
2. By these petitions, the petitioner has challenged the order
dated 6.10.2021 passed by the learned 7th Additional District &
Sessions Judge, District Court, Ahmedabad (Rural) at Mirzapur in
Civil Misc. Application No.201 of 2018.
3. Central to the issue, is the judgment dated 22.10.2018 passed
by the learned Charity Commissioner, Gujarat State in the Scheme
Application No.46 of 2018. Being aggrieved, various parties have
preferred applications before the District Court, Ahmedabad (Rural)
challenging the said judgment dated 22.10.2018 and along with the
applications/appeals, stay applications have also been filed.
4. The details of the applications/appeals are reproduced in the
tabular form:-
C/SCA/15419/2021 ORDER DATED: 21/10/2021
Sr.No. Case No. Party Name Pending in the
Court
1 CMA/DC 201/2018 Dineshbhai vs. Kiritbhai 9th ADJ,
Ahmedabad (R)
2 CMA/DC 202/2018 Dilipbhai vs. Charity 9th ADJ,
Commissioner Ahmedabad (R)
3 CMA/DC 234/2018 Harshadaben vs. 11th ADJ,
Charity Commissioner Ahmedabad (R)
4 CMA/DC 47/2019 Vijaybhai vs. Charity 11th ADJ,
Commissioner Ahmedabad (R)
5 CMA/DC 51/2019 Nandkishor vs. Charity 10th ADJ,
Commissioner Ahmedabad (R)
6 CMA/DC 1/2019 to Sobhagbhai vs. Charity 10th ADJ,
29/19 Commissioner Ahmedabad (R)
4. Mr. Mihir J. Thakore, learned Senior Advocate and Mr. Mitul K.
Shelat, learned advocate with Mr. Bhaumik Dholariya and Mr. H.M.
Sabhnani, learned advocates appearing for the petitioner in both the
writ petitions, have submitted that the Scheme Application No.46 of
2018 was allowed by the learned Charity Commissioner, Gujarat
State vide order dated 22.10.2018. Being aggrieved, the petitioner
has preferred Civil Misc. Application No.201 of 2018 before the
District Court, Ahmedabad (Rural), challenging the said judgment
dated 22.10.2018. Along with the said application/appeal, the
petitioner has also preferred stay application, inter alia, praying for
stay of the aforesaid judgment 22.10.2018.
4.1 It is also submitted that the judgment dated 22.10.2018, is
challenged by the aggrieved persons by preferring (i) Civil Misc.
Application No.202 of 2018; (ii) Civil Misc. Application No.234 of
2018, (iii) Civil Misc. Application No.13 of 2020; and (iv) Civil Misc.
Application No.14 of 2020. It is also submitted that the subject
matter in all the appeals/applications, is challenge to the judgment
dated 22.10.2018 and therefore, it would be interest of justice that
all the applications are heard together, so as to avoid multiplicity of
litigation.
C/SCA/15419/2021 ORDER DATED: 21/10/2021
4.2 During the course of the arguments, Mr. Mitul K. Shelat,
learned counsel appearing for the petitioner has placed on record
the affidavit in support of the petition dated 12.10.2021 of Vijay
Chimanlal Brahmbhatt, who is the sole applicant of Civil Misc.
Application No.13 of 2020 pending before the learned Additional
District Judge, Ahmedabad (Rural); similarly, the purshis in support
of the petition has been filed by Mr. Nandkishor Ravjibhai Barot, who
also is the sole applicant of Civil Misc. Application No.14 of 2020. Mr.
Shelat, learned counsel has stated at bar that since Mr. Nandkishor
Ravjibhai Barot, is presently residing in the United States of
America, was not in a position to execute the affidavit and
therefore, the purshis dated 11.10.2021, has been prepared and
placed on record. So far as Civil Misc. Application No.13 of 2020 and
Civil Misc. Application No.14 of 2020 are concerned, the respective
applicants, have filed the affidavit/purshis. The said
affidavit/purshis, is directed to be taken on record.
5. Mr. Vishal T. Patel, learned advocate appearing for the
respective respondents in both the petitions agrees that if some
directions are issued, that would serve the purpose of the both the
parties.
6. Heard the learned counsel appearing for the respective
parties.
7. Civil Misc. Application Nos.13 of 2020 and 14 of 2020, will be
persuaded by the petitioner by filing an application for preponement
by tomorrow, i.e. 22.10.2021 before the concerned Court. On such
application being filed, the learned Judge, may consider
preponement of the matter on any date prior to 30.10.2021 and
thereafter, the Court shall fix the schedule for hearing of the two
stay applications in the Civil Misc. Application Nos.13 of 2020 and 14
C/SCA/15419/2021 ORDER DATED: 21/10/2021
of 2020 in a manner convenient to it.
8. It is clarified that in the event if the applications for
preponement are not filed by tomorrow in Civil Misc. Application
Nos.13 of 2020 and 14 of 2020, such applications, shall not be
preponed and shall be heard as per the scheduled date.
9. In Civil Misc. Application No.13 of 2020, Mr. Vishal T. Patel,
learned advocate, has agreed that necessary arrangement, will be
made for a lawyer and/or party to appear on behalf of the
opponents at Sr.Nos.2 to 5 and 10 on the date fixed by the Court.
10. Mr. Bhaumik Dholariya, learned advocate will make necessary
arrangements for lawyers to appear on behalf of the respondent
nos.7, 8, 9, 11, 12, 15, 16, 17, 18 and 19. For the opponents at Sr.
Nos.6, 13 and 14, the notice be issued indicating the preponement
of the hearing and service of such notice will be effected by special
bailiff of the concerned Court.
11. In Civil Misc. Application No.14 of 2020, Mr. Vishal T. Patel,
learned advocate will make arrangement for lawyer/party to appear
on behalf of the opponents at Sr.Nos.2 to 5 on the date fixed by the
Court concerned.
12. It is reported that the hearing in stay application in Civil Misc.
Application No.234 of 2018, is concluded. However, the hearing of
other stay applications in the remaining four matters, namely, Civil
Misc. Application Nos.201 of 2018, 202 of 2018 and the aforesaid
two Civil Misc. Application Nos.13 of 2020 and 14 of 2020, will be
heard by the Court concerned as per the schedule convenient to it
in a staggered manner so as to dispose of all the five stay
applications together and preferably on or before 24.11.2021.
C/SCA/15419/2021 ORDER DATED: 21/10/2021
13. It has been agreed and declared before this Court by the
learned counsel appearing for the respective parties, that no
unnecessary adjournment will be prayed for and more particularly,
on the ground of non-availability of the learned counsel appearing
for the respective parties.
14. With the aforesaid directions, the petitions are disposed of. No
order as to costs.
15. Direct service is permitted.
(SANGEETA K. VISHEN,J)
BINOY B PILLAI
