Gujarat High Court Case Information System
Print
CA/10439/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 10439 of 2008
In
FIRST
APPEAL No. 3292 of 2008
==========================================
MAHESHGIRI
GURU RAGHUNATHGIRI SHRI MANOHARNATHJI MAHARAJ
Versus
CHARITY
COMMISSIONER & ORS
==========================================
Appearance
:
MS SNEHA A JOSHI for
Petitioner:1
None for
Respondents:1-5
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 05/09/2008
ORAL ORDER
The
applicant has prayed for following prayers:
?S b) Be pleased to
grant interim stay by staying the enforcement and execution of the
Judgment and Order passed on 17/11/2007 in Bombay Trust Application
No.45 of 1997 passed by the Presiding Officer, 2nd Fast
Track Court, Godhra, Panchmahal during the hearing and final disposal
of First Appeal before this Hon’ble Court.
c) Be pleased to
grant interim injunction restraining the opponents, their agents, and
servants from transferring the administration of the trust in any
mode and manner whatsoever during the pendency of the First Appeal
before this Hon’ble Court.
The
scheme in question was sanctioned by Joint Charity Commissioner in
the year 1996 vide his order dated 31st December, 1996,
which was subject matter of appeal before the District Court,
Godhra, Panchmahal and the Court dismissed the appeal by judgment
and order dated 17th November, 2006.
Heard.
In view of catena of decisions of this Court, this Court is of the
view that the scheme framed by the Charity Commissioner is just and
proper and the same is in the public interest. Even the Courts below
have dealt the matter in detailed and the view taken by the Courts
below is just and proper. Therefore, no case is made out to grant of
the prayers made hereinabove.
(K.S.JHAVERI,
J.)
Amit/-
Top