Sureshkumar Kantilal Patel vs Nandanvan Township Society
2025 Latest Caselaw 7760 Guj

Gujarat High Court

Sureshkumar Kantilal Patel vs Nandanvan Township Society on 10 November, 2025

                                                                                                              NEUTRAL CITATION




                              C/CRA/12/2025                                    ORDER DATED: 10/11/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/CIVIL REVISION APPLICATION NO. 12 of 2025

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                                           SURESHKUMAR KANTILAL PATEL & ORS.
                                                        Versus
                                             NANDANVAN TOWNSHIP SOCIETY
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                      Appearance:
                      MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1,2,3,4
                      MR JIGAR G GADHAVI(5613) for the Opponent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 10/11/2025

                                                            ORAL ORDER

During the course of hearing of the petition, what is noticed that certain points, which were raised in this petition, are not raised in the application filed under Order 7 Rule 11(D) of the Code of Civil Procedure, 1908 or during hearing of said application. In the aforesaid circumstances, it is stated that the petitioners may be given an opportunity to file fresh application under Order 7 Rule 11(D) of the Code before the learned trial Court to be decided in the time bound manner.

Main point raised during the hearing of this petition is that Nandanvan Township Society is unregistered and its President Mr. Anilbhai Babubhai Patel has no locus standi to file any suit on behalf of the said unregistered Society. Reference was made to the judgment of the Hon'ble Apex Court in case of Maneklal Mansukhbhai Cooperative Housing Society Ltd Vs. Rajendrakumar Maneklal Shah, 2001(6) Scale

NEUTRAL CITATION

C/CRA/12/2025 ORDER DATED: 10/11/2025

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226 and in case of Laxminagar Cooperative Housing Society through Organizer Vs. Mamlatdar and ALT, 2005(3) GLR 2083.

In the aforesaid circumstances, present petition stands disposed of permitting the petitioners to file fresh application under Order 7 Rule 11(D) of the Code along with all available points and contentions before the learned trial Court. The disposal of this petition or the impugned order shall not come in the way of the learned trial Court while deciding the application filed under Order 7 Rule 11(D) of the Code afresh. Both the parties are permitted to raise all legal contentions.

If application under Order 7 Rule 11(D) of the Code is filed by the petitioners, it shall be decided within eight weeks from filing of such application. Notice discharged.

(J. C. DOSHI,J) SHEKHAR P. BARVE