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2013 Supreme(Guj) 138

G.B.SHAH
BHARATBHAI LAVJIBHAI GABU – Appellant
Versus
GOPINATHJI DEV MANDIR TRUST THROUGH CHAIRMAN HARJIBHAI – Respondent


Advocates appeared:
Special Civil Application No. 3278 of 2013
Navin Pahwa, for M/s. Thakkar Assoc., for the Petitioner
B.M. Mangukiya, for Respondent No. 1
C.B. Upadhyaya, for Respondent No. 2
Special Civil Application No. 3556 of 2013
S.N. Shelat, Senior Advocate with Mrugen K. Purohit, for the Petitioner
B.M. Mangukiya, for Respondent No. 1
C.B. Upadhyaya, for Respondent No. 2

Judgment

G.B. SHAH, J.

The present Special Civil Applications have been filed by the petitioners under Arts. 14 and 226 of the Constitution of India and also under the provisions of the Bombay Public Trusts Act, 1950 challenging the order dated 16-3-2013 passed by the learned Principal District Judge, Bhavnagar in Misc. Civil Application No. 38 of 2013.

2. Rule.

Heard Mr. Navin Pahwa, learned Advocate for M/s. Thakkar Associates for the petitioner in Special Civil Application No. 3278 of 2013 and learned Senior Advocate Mr. S.N. Shelat with learned Advocate Mr. Mrugen Purohit for the petitioner in Special Civil Application No. 3556 of 2013 and Mr. B.M. Mangukiya, learned Advocate for respondent No.1 in both the Special Civil Applications and Mr. C.B. Upadhyaya, learned Advocate for respondent No. 2 in both the above-referred Special Civil Applications. Learned Advocate for respondent Nos. 1 and 2 have fairly submitted that both the respondents have filed their affidavit-in-reply in Special Civil Application No. 3278 of 2013 respectively and the same shall be treated as their affidavit-in-reply for Special Civil Application No. 3556 of 2013. As identical issue is involved in both the ab










































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