Gujarat High Court Case Information System
Print
SCA/10814/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10814 of 2010
=========================================================
MAHANT
CHHOTUGIRI GURU AMRATGIRI MAHARAJ - Petitioner(s)
Versus
ADMINISTRATOR
OF AMBAJI MATA DEVSTHAN TRUST & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AV PRAJAPATI for
Petitioner(s) : 1,
MS ARCHANA R ACHARYA for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 11/01/2011
ORAL
ORDER
1. This
court on 13th September 2010 passed the following order:
”
Mr.
Prajapati, learned advocate for the petitioner after some argument
has submitted that he is restricting this petition and challenge in
the petition only in respect of the action allegedly taken by the
authority in respect of the property which is not subject matter of
the suit and/or appeal. He further submitted that the particular
premises from which the petitioner has been removed is not the
subject matter of the suit nor it was subject matter of the appeal
and that therefore on the basis of the order passed in the appeal,
any action could not have been taken against the petitioner in
respect of the property which is not subject matter of the suit. It
is only to the aforesaid extent that the petition is restricted and
that too for the reason that according to the petitioner’s
allegation the action is taken on the strength of the order passed
by the appellate Court.
So
as to get this clarification from the respondent authority issue
Notice returnable on 29.9.2010. Direct
service is permitted.
It
is clarified that in view of the stipulation made by the learned
advocate for the petitioner, petition is restricted to the aforesaid
aspect only and petition, as declared by learned advocate, is not
pressed in respect of the Appellate Court’s order or trial Court’s
order. ”
2. Thereafter
on 22nd November 2010, the following order was passed:
“The
following order was passed by this Court (Coram : K.M.Thaker, J) on
13.9.2010 :
“Mr.
Prajapati, learned advocate for the petitioner after some argument
has submitted that he is restricting this petition and challenge in
the petition only in respect of the action allegedly taken by the
authority in respect of the property which is not subject matter of
the suit and/or appeal. He further submitted that the particular
premises from which the petitioner has been removed is not the
subject matter of the suit nor it was subject matter of the appeal
and that therefore on the basis of the order passed in the appeal,
any action could not have been taken against the petitioner in
respect of the property which is not subject matter of the suit. It
is only to the aforesaid extent that the petition is restricted and
that too for the reason that according to the petitioner’s
allegation the action is taken on the strength of the order passed
by the appellate Court.
So
as to get this clarification from the respondent authority issue
Notice returnable on 29.9.2010. Direct
service is permitted.
It
is clarified that in view of the stipulation made by the learned
advocate for the petitioner, petition is restricted to the aforesaid
aspect only and petition, as declared by learned advocate, is not
pressed in respect of the Appellate Court’s order or trial Court’s
order.”
In
view of this order, the resposndent is directed to clarify whether
the petitioner was removed from the suit property or not in pursuance
of the order passed by the Courts below. S.O. to 6.12.2010.”
3. The
matter has been adjourned time and again. Even today, Ms. Archana
Acharya has requested for time on the ground of complying with the
orders of this court passed earlier. Accordingly, matter is
adjourned to 19.01.2011.
(K.S.
JHAVERI, J.)
Divya//
Top