Gujarat High Court Case Information System
Print
FA/190/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 190 of 2011
With
CIVIL
APPLICATION No. 825 of 2011
In
FIRST
APPEAL No. 190 of 2011
=========================================================
VINODGIR
HIRAGIR GOSAI & 3 – Appellant(s)
Versus
RATIGIR
BALGIR GOSAI & 1 – Defendant(s)
=========================================================
Appearance
:
MR
YM THAKKAR for
Appellant(s) : 1, 1.2.1,1.2.2 – 4.
MR MEHUL S SHAH for
Defendant(s) : 1,
MR SURESH M SHAH for Defendant(s) : 1,
MR CB
UPADHYAYA for Defendant(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 04/04/2011
ORAL
COMMON ORDER :
After hearing the learned
counsel for the respective parties and upon broad consensus arrived
at by the learned counsel for the parties, this Court deems it fit to
make following observations and clarifications in the matter :
[I] It is emerged from the
submissions of the Ld. Counsel for the parties that after passing of
the impugned judgment and order, the directions contained in para. 3
[i] to [v] in the operative order, have been acted upon and new
Change Report has accordingly been allowed. It is, therefore,
clarified that if any party is aggrieved by the said Change Report
proceedings, the party shall be at liberty to file appropriate
proceedings against the said Change Report and as and when any such
fresh and de-novo proceedings are initiated by any party, the same
shall be decided in accordance with law and on its own merits and
without being in any way influenced by the observations made in the
order impugned herein, including the interpretation of relevant
statute and its effect thereon.
[II] So far as the
directions contained in para. 3 [vii] of the operative order passed
by the Ld. District Judge in the impugned judgment and order are
concerned, it is submitted by the Ld. Counsel for the parties that
the Charity Commissioner has already filed a Civil Suit in view of
and acting under the directions contained in para. 3 [vii] of the
impugned order. It is, therefore, clarified and directed that the
said Civil Suit, if initiated by the Charity Commissioner in light of
the directions contained in para. 3 [vii] of the impugned order,
shall be withdrawn by the Charity Commissioner, reserving appropriate
liberty to file a fresh suit, if deem fit, by the Charity
Commissioner upon exercise of independent discretion in that regard
after giving opportunity of being heard to both the parties by the
Charity Commissioner.
[III] It is also clarified
that directions contained in para. 3 [vii], so far as the same relate
to initiation of criminal proceedings are concerned, shall operate
only upon appropriate finding in that regard, after giving
opportunity of being heard to both the parties by the Charity
Commissioner and upon exercise of his independent discretion.
In view of the aforesaid
clarifications and observations, the Ld. Counsel for the appellant
Mr. Thakkar submits that the appeal may be disposed of accordingly.
Resultantly, the appeal
stands disposed of accordingly, subject to the above referred
observations and clarifications.
In the result, the
direction contained in para. 3 [ix] in the impugned judgment and
order loses its survival value.
At the request made by Mr.
Thakkar, Ld. Counsel for the appellant, it is clarified that in case
of any difficulty, the parties shall be at liberty to move this
Court.
As the appeal is hereby
disposed of, Civil Application does not survive and it is accordingly
disposed of. Interim stay granted earlier stands vacated.
[
J.C. UPADHYAYA, J.]
*
Pansala.
Top