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2020 Supreme(Guj) 172

BHARGAV D.KARIA
Zainulabudin Riazhusen Saiyed – Appellant
Versus
Nanjikaka Guru Karshankaka (De Facto Trustee) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shalin Mehta For Ms Mamta R Vyas(994)
For the Respondent: Mr. P.K. Jani With Mr. Akash R. Patel, Mr.S.N. Shelat For Mr Sk Patel(654), Mr. Anshin Desai For Vaibhav V Goswamy(9019)

JUDGMENT :

1. These petitions are arising out of the two orders, one being Miscellaneous Application No.19 of 2019 and another being Miscellaneous Application No.23 of 2019 disposed of by the Joint Charity Commissioner, Ahmedabad vide orders dated 06.07.2019.

2. Since the issues raised in the captioned petitions are the same, those were heard analogously and are being disposed of by this common judgment and order.

3. The brief facts giving rise to these petitions are summarized as under :

(i) The petitioners are trustee of the Trust viz. “The Imamsha Bava, Roja Sanstha Committee” (for short “the Trust”). The Trust was formed by an order dated 21.05.1939 passed in Civil Suit No.168 of 1931 by framing the scheme of administration. The composition of the Committee as provided in the scheme is that the Committee shall consist of 11 members out of which one will be “Gadiwala Kakasaheb”, three elected Saiyeds by the Saiyed Constituencies and seven elected Satpanths from the seven Constituencies of Satpanths.

(ii) It is the case of the petitioners that in 2002, due to demise of the erstwhile Gadiwalakaka, the Original-respondent No.1 Nanjikaka and one late Shri Pachhankaka staked their claim t

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