Pankajbhai Dhirajlal Shah vs Ratilal M Kalthiya
2023 Latest Caselaw 7024 Guj

                                                                                 NEUTRAL CITATION




     C/FA/169/2009                              ORDER DATED: 22/09/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 169 of 2009

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                      PANKAJBHAI DHIRAJLAL SHAH
                                Versus
                     RATILAL M KALTHIYA & 4 other(s)
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Appearance:
UNSERVED EXPIRED (N) for the Appellant(s) No. 1
MR JD AJMERA(119) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1
SERVED BY AFFIX. (R) for the Defendant(s) No. 3
UNSERVED EXPIRED (R) for the Defendant(s) No. 2,5
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 22/09/2023

                             ORAL ORDER

1. The First Appeal challenges judgment and decree passed in Regular Civil Suit No.1 of 2003 by the learned Additional District Judge, Bhavnagar whereby relief was granted in favour of Shantilal Mohanlal Shah Foundation Trust. It is ordered that Pankajbhai Dhirajlal Shah is removed from trusteeship of Shantilal Mohanlal Shah Foundation Trust.

2. Order dated 26.06.2009 has recorded following aspect :-

"The judgment and decree passed by learned Additional District Judge, Bhavnagar dated 30th April 2008 is challenged in first appeal and more than one year is passed.

Learned advocate Mr. Ajmera submitted that order passed by trial Court has been implemented and present appellant

NEUTRAL CITATION

C/FA/169/2009 ORDER DATED: 22/09/2023

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is removed as a Trustee of Shri Shantilal Mohanlal Shah Foundation Trust, Bhavnagar. He further submitted that the applicant has not been attending any meeting since last one year and further, appeal has been filed after about one year.

Therefore, in view of this, interim relief is refused. Accordingly, present civil application is disposed of."

3. The cause list shows that appellant - Pankajbhai Dhirajlal Shah has expired. Reasons for bringing appeal is to challenge order of removal of the appellant as trustee from Shantilal Mohanlal Shah Foundation Trust. This is absolute personal cause and not inherentable. Since the appellant has expired, the present First Appeal is abated. Record and Proceedings, if any, be send to the learned Trial Court.

(J. C. DOSHI,J) SATISH