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FA/4371/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4371 of 2009
With
CIVIL
APPLICATION No. 12419 of 2009
In
FIRST APPEAL No. 4371 of 2009
=========================================================
PRADIPBHAI
B JAIN - Appellant(s)
Versus
AJAY
OMKARMALJI JAIN & 4 - Defendant(s)
=========================================================
Appearance
:
MR
DHIRENDRA MEHTA for
Appellant(s) : 1,
None for Defendant(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 26/03/2010
ORAL
ORDER
Order
in First Appeal No.4371 of 2009:-
Present
appeal arise from the order dated 16/1/2009 passed by 6th
Additional District and Sessions Judge, Surat in Trust (Civil) Misc.
Application No.229 of 2007.
Heard
learned advocate Mr. Mehta appearing for the appellant.
The
aforesaid Misc. Application No.229 of 2007 arose from the order dated
14/11/2007 passed by the Joint Charity Commissioner, Surat Division,
Surat in Appeal no.82 of 2005 and 83 of 2005. By the order impugned
in present appeal, the learned Court has remanded the matter for
fresh decision in said appeal nos.82 of 2005 and 83 of 2005 in
connection with Change Reports being Change Report No.201 of 2003 and
Change Report No.168 of 2004.
It
deserves to be noted that the order impugned in present appeal was
passed in January, 2009 and present appeal was filed on or around
15/4/2009. Since then the appeal has remained pending in this Court
without any order against the operation and implementation of the
judgment and order dated 16/1/2009. Since the order impugned in
present appeal is merely a remand order remanding the proceedings of
Appeal No.82 of 2005 and Appeal No.83 of 2005 to the competent
authority for fresh decision and having regard to the fact that the
order has remained in operation since the date it was passed, it is
not considered appropriate to interfere with the said order at this
stage and after lapse of more than one year.
Hence,
without entering into the further merits of the case, the impugned
order is not interfered with and the appeal is not accepted.
It
is, however, directed that since the Change Report No.168 of 2004
dated 29/1/2005 was tendered before the competent authority, it would
be in the interest of justice if the proceedings pertaining to the
Change Report/appeal nos.82 of 2005 and 83 of 2005 are completed
within a period of four months from the receipt of this order by the
office of the authority.
With
the aforesaid observations, the First Appeal is disposed of without
entering into the merits of the impugned order. The competent
authority shall endavour to complete the proceedings within a period
of four months after the receipt of this order
Order
in Civil Application No.12419 of 2009:-
In
view of the order passed in First Appeal No.4371 of 2009, no order is
required to be passed in present Civil Application. The Civil
Application stands disposed of accordingly. Interim relief, if any,
granted earlier, stands vacated.
(K.M.THAKER,
J.)
(ila)
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