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2021 Supreme(Guj) 98

VINEET KOTHARI, GITA GOPI
PANDYA MANISHANKER DHANJIBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR MIHIR THAKORE, Senior Counsel with MR SANDIP SINGHI with MR SHANIK BHATT with MS ANVI MAJMUDAR for M/s SINGHI
For the Respondent: MR MEET THAKKAR, Assistant Government Pleader, MR M.T.M. HAKIM for MR SAQUIB S ANSARI, MR A.S. ASTHAVADI

JUDGMENT :

VINEET KOTHARI, J.

1. Present Intra Court Appeal has been filed by Pandya Manishanker Dhanjibhai and 41 others claiming to be the Tenants of Respondent No.4 Ghanchivad Memon Jamat (later on registered as a Public Trust under the Bombay Public Trusts Act), having its Registration No.B/15, Bhavnagar in the shops located at 'Old Kabristan' in Bhavnagar, situated at Survey Nos.7617 to 7622 and 7630 in the City Survey Ward No.3 at Navapura, Bhavnagar. The Appellants – Petitioners are aggrieved by the dismissal of their Special Civil Application No.12594 of 2002 by the learned Single Judge of this Court, vide order dated 23.9.2016 mainly on the ground of their locus standi to maintain such writ petition, suppression of material facts from the Court and pendency of Civil Suits filed by them which were pending trial in the Subordinate Courts.

2. It may be stated, at the outset, here that Respondent No.4, the Trust has already filed a Regular Civil Suit No.13 of 1998 in the Court of Civil Judge (Senior Division), Bhavnagar – Ghanchivad Memon Jamat vs. State of Gujarat and others for De

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