Gujarat High Court
Shah Govindram Pyarechand vs State Of Gujarat on 11 August, 2025
NEUTRAL CITATION
C/FA/2120/2009 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2120 of 2009
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2014
In R/FIRST APPEAL NO. 2120 of 2009
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SHAH GOVINDRAM PYARECHAND
Versus
STATE OF GUJARAT & ORS.
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Appearance:
UNSERVED EXPIRED (N) for the Appellant(s) No. 1
MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Defendant(s)
No. 1,2
MANAN K PANERI(7959) for the Defendant(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 11/08/2025
ORAL ORDER
1. Present appeal is filed by the appellant under the
provisions of Section 72(4) of the Bombay Public Trust Act,
1950 (hereinafter referred to as "the Act") against the
judgment and order dated 31.03.2009 passed by the 2 nd
Additional District Judge, Dahod (hereinafter referred to as "the
District Court") in Trust Application (Appeal) No.3 of 2004,
whereby, the District Court allowed the Trust Application
(Appeal) No.3 of 2004 filed by the respondent Nos.3 and 4
herein and dismissed the appeal being Appeal No.2 of 1996
filed by the appellant herein and set aside the order dated
30.05.1998 passed by the Joint Charity Commissioner,
Vadodara under Section 70 of the Act.
2. It is the case of the appellant that the appellant has filed
Change Report No.239 of 1987 before the Assistant Charity
NEUTRAL CITATION
C/FA/2120/2009 ORDER DATED: 11/08/2025
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Commissioner under Section 22 of the Act, which came to be
dismissed vide an order dated 21.12.1995. Being aggrieved by
the said order, the appellant had filed an appeal under Section
70 of the Act before the Office of the Charity Commissioner,
which was registered as Appeal No.2 of 1996, which came to
be allowed by an order dated 30.05.1998. Being aggrieved and
dissatisfied with the said order dated 30.05.1998 allowing the
appeal and consequential registration of the properties in the
PTR, as trust properties, the respondent Nos.3 and 4
approached the District Court by way of filing Trust Application
(Appeal) No.3 of 2004, whereby the District Court passed the
order dated 31.03.2009 as aforesaid. Being aggrieved and
dissatisfied with the same, the appellant has preferred the
present appeal.
3. When the matter is taken up for hearing, learned
advocate Mr. Manan Paneri, appearing for the respondent Nos.
3 and 4, has submitted that the sole appellant - Shah
Govindram Pyarechand has expired on 19.02.2023 and
therefore, the present appeal has become infructuous. He has
produced copy of death certificate issued by the competent
authority, the same is taken on record.
4. In view of above, the present appeal stands disposed of
under Order 41 Rule 17 of Civil Procedure Code, 1908. Interim
relief, if any, stands vacated forthwith. No order as to costs.
Record and proceedings, if any, be sent back to the concerned
Court forthwith.
5. It is observed that the grievance of the appellant as the
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C/FA/2120/2009 ORDER DATED: 11/08/2025
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change report was accepted and changes were made in the
PTR register, if subsequent any order is passed thereafter or
any change is made, the same shall not be a part of the
present appeal and the same cannot be challenged in the
present proceedings.
6. In view of the disposal of the main appeal, the connected
civil application does not survive and stands disposed of
accordingly.
(HEMANT M. PRACHCHHAK,J)
Dolly
