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2010 Supreme(Guj) 18

K.S.JHAVERI
BALVANTBHAI JINABHAI DHAMI – Appellant
Versus
SHANTILAL KANJIBHAI RATANPARA – Respondent


Advocates Appeared:
SPECIAL CIVIL APPLICATION No.9819/2009 :
MR. S.I. NANAVATI, SR. ADVOCATE WITH MR. ASHISH H. SHAH for Petitioner(s): 1,
MR. B.S. PATEL for Respondent(s): 1, 3.
MR. MIHIR JOSHI, SR. ADVOCATE WITH MR. S.P. MAJMUDAR for Respondent(s): 2,
MR. PRASHANT DESAI, SR. ADVOCATE WITH MRS. V.D. NANAVATI for Respondent(s): 4,
MR. P.S. CHAMPANERI for Respondent(s): 12.
None for Respondent(s): 5 - 11.
SPECIAL CIVIL APPLICATION No.9822/2009 :
MR. S.N. SHELAT, SR. ADVOCATE WITH MR. MRUGEN K. PUROHIT for Petitioner(s): 1,
MR. B.S. PATEL for Respondent(s): 11.
MR. MIHIR JOSHI, SR. ADVOCATE WITH MR. S.P. MAJMUDAR for Respondent(s): 1 & 2,
MR. PRASHANT DESAI, SR. ADVOCATE WITH MRS. V.D. NANAVATI for Respondent(s): 6,
MR. P.S. CHAMPANERI for Respondent(s): 3.
None for Respondent(s): 4, 5, 7 - 10.

JUDGMENT

K. S. JHAVERI, J. Both these petitions involve common questions on law and facts and therefore, they are disposed of by this common judgment.

1. The issue in these petitions revolve around the administration / management of a trust, named, Sri Radharaman Dev Temple Trust. It is a public charitable trust, duly registered under the provisions of The Bombay Public Trust Act, 1950 [for short, “the Act”], having registration No.A-400. The said trust is a temple of the Swaminarayan Sect, which hardly needs any introduction. The said Sect, during the lifetime of its founder-Sahajanand, was directed to be administered as per a document called - Desh-Vibhag Lekh. Accordingly, the area came to be divided into two divisions, viz. north and south divisions. In the 19th Century, litigations arose between both the divisions, which, ultimately, led to the framing of schemes for different divisions by the Courts of law.

2. The devotees of the temple at Junagadh preferred Trust Suit No.1/1978 before the District Court, Junagadh with a request to amend the scheme or to frame a new scheme in respect of Sri Radharaman Dev Temple Trust (hereinafter referred to as “the trust”). After hearing both


























































































































































































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