Mahuva Kapol Vidhyarthi Gruh Balashram ... vs Umeshkumar Kantilal Sheth
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Gujarat High Court

Mahuva Kapol Vidhyarthi Gruh Balashram ... vs Umeshkumar Kantilal Sheth on 6 November, 2025

                                                                                                                NEUTRAL CITATION




                                 C/CRA/94/2016                                  ORDER DATED: 06/11/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CIVIL REVISION APPLICATION NO. 94 of 2016
                                                       With
                               R/CIVIL REVISION APPLICATION NO. 93 of 2016
                        =====================================================
                               MAHUVA KAPOL VIDHYARTHI GRUH BALASHRAM
                                           ORPHANAGE TRUST & ORS.
                                                       Versus
                                    UMESHKUMAR KANTILAL SHETH & ORS.
                        =====================================================
                        Appearance:
                        MR. SAHIL M SHAH(6318) for the Applicant(s) No.
                        1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9
                        MS. NIDHI VYAS, AGP for the Opponent(s) No. 5
                        MR AJ YAGNIK(1372) for the Opponent(s) No. 1,2
                        MR TARAK DAMANI(6089) for the Opponent(s) No. 3
                        NOTICE SERVED for the Opponent(s) No. 4
                        =====================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 06/11/2025

                                                              ORAL ORDER

1. Heard learned advocate Mr. Sahil M. Shah and learned advocate Mr. Tarak Damani for the applicants of Civil Revision Application No. 94 and 93 of 2016 respectively, learned advocate Mr. Aishwary Gupta for learned advocate Mr. A.J. Yagnik for the respondent Nos.1 and 2 in both the applications and also heard Ms. Nidhi Vyas, learned AGP for the State authority.

2. In both the aforesaid revision applications, order passed by the learned 3rd Additional Senior Civil Judge, Bhavnagar Camp at Mahuva in Special Civil Suit No. 80 of 2015 below Exhibit-42 and 47 are challenged. This order is at Annexure-A.

NEUTRAL CITATION

C/CRA/94/2016 ORDER DATED: 06/11/2025

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3. The two beneficiaries of the Mahuva Kapole Vidyarthi Grih Balashram and Orphanage Trust, which is registered under the Bombay Public Trusts Act, 1950(hereinafter referred to as "the Act"), having Trust No. A/1416, filed the aforesaid Civil Suit challenging the permission granted by the Charity Commissioner, Mumbai in favor of the Mahuva Kapole Vidyarthi Grih Balashram under Section 36 of "the Act" to sell the property that belongs to the Trust.

4. In the aforesaid Suit, the present applicants have filed the applications to return the Suits. The learned Civil Court declined to grant any relief in those two applications filed to return the Suits. Though the applications were filed under Order VII Rule 11(d) of the Civil Procedure Code (hereinafter referred to as "the Code"), but the relief claimed therein is to return the plaint, which is essentially a relief that can be claimed under Order VII Rule 10 of "the Code".

5. What can be noticed during the argument is that the permission granted by the Charity Comissioner, Bombay to sell the parcel of land owned by the Trust, has been challenged before the learned Single Judge of Bombay High Court by Mr. Chandrakant Lavjibhai Mehta & another in a Writ Petition No.514 of 2018. The judgment dated 15.03.2019 passed by the Bombay High Court favors the case of the Trust and the petition filed by Mr. Chandrakant Lavjibhai Mehta & another has been dismissed by the Bombay High Court holding that the Charity Comissioner has rightly granted permission under Section 36 of "the Act" to sell certain portion of the land owned by the Trust.

                                                                                                           NEUTRAL CITATION




                                 C/CRA/94/2016                            ORDER DATED: 06/11/2025

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6. The said order was unsuccessfuly carried to challenge before the Supreme Court in Petition for Special Leave to Appeal (C) No. 5895 of 2020. Thus, in view of above, what is noticeable is that the cause of action pleaded by the plaintiffs in the suits and pleadings made thereafter, fate of them is duly covered by the judgment of the Bombay High Court, which is confirmed up to the Honourable Supreme Court.

7. In view of above, both the applications are disposed of permitting the applicants herein to file the necessary application under Order VII Rule 11 of "the Code" before the learned trial Court within 04 weeks from today and on filing of such application, same shall be decided by the Court below within 12 weeks therefrom, keeping in mind the judgment delivered by the Bombay High Court and which is confirmed up to the Supreme Court.

(J. C. DOSHI, J.) Raj