Gujarat High Court Case Information System
Print
SCA/1774/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1774 of 2009
With
SPECIAL
CIVIL APPLICATION No. 2640 of 2009
=========================================================
CHHOTUBHAI
LALLUBHAI PATEL & 3 - Petitioner(s)
Versus
DILIPBHAI
DAHYABHAI PATEL - Respondent(s)
=========================================================
Appearance
:
MR
DC DAVE for
Petitioner(s) : 1 - 4.
MR PY DIVYESHVAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/01/2011
COMMON
ORAL ORDER
By
way of present petitions, the petitioners have inter alia prayed for
quashing and setting aside the judgment and order dated 25th
February 2009 passed by the District Judge, Anand below Exhibit 5 in
Regular Civil Appeal No.13 of 2009 as well as order dated 07th
February 2009 passed by the In-charge Joint Charity Commissioner,
Vadodara, in Miscellaneous Application No.21 of 2009.
Heard
learned advocates for the respective parties. With the consent of
the learned advocates for the respective parties, today the matters
are taken up for final disposal.
It
is pertinent to note that this Court on 09th April 2009
in Special Civil Application No.1774 of 2009, inter alia passed the
following order :
“13. In
view of above, it is hereby ordered that till the disposal of the
petition the operation and implementation of order dated 7th
February, 2009 passed by the learned In-charge Joint Charity
Commissioner, Vadodara in Appeal No.1 of 2007 as well as order dated
16th
January, 2007 passed by the learned Assistant Charity Commissioner,
Anand in Change Report No.118 of 2006 shall remain under suspension.
The Principal District Judge obviously can hear the appeal
irrespective of pendency of this petition as if the change report
submitted earlier is still under scrutiny. The Registry is directed
to list the petition for final disposal on re-opening of the summer
vacation.”
In
view of aforesaid, the impugned orders have been stayed by this
Court and the same have not been disturbed till date. In that view
of the matter, with consent of the parties, both these petitions are
hereby disposed of. The Appellate Court is directed to decide the
said appeal within a period of One Year from
the date of receipt of writ of present order. The parties will
be governed by the aforesaid order dated 09th
April 2009 till pendency of the aforesaid appeal before the
Appellate Court. The Appellate Court is directed to list the
appeal before appropriate Court at the earliest. Petitions stand
disposed of accordingly.
(K.S.
Jhaveri, J)
Aakar
Top