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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J
CHARITY COMMISSIONER – Appellant
Versus
ISHWARBHAI MOTIBHAI PATEL DELETED AS PER COURT ORDER & ORS. – Respondent
| Table of Content |
|---|
| 1. appeal filed regarding the management of the trust. (Para 1 , 2 , 3) |
| 2. arguments presented regarding the necessity of consent. (Para 4 , 5 , 6) |
| 3. court finds no prejudice in the settlement. (Para 7 , 8) |
| 4. appeal dismissed with no costs. (Para 9) |
ORAL JUDGMENT
1. Present appeal is filed by the appellant – Charity Commissioner under Section 96 of the Civil Procedure Code read with Order 41 of the Civil Procedure Code challenging the impugned order dated 18.09.2000 passed by the learned Assistant Judge, Kheda at Nadiad in Civil Suit No. 6 of 1981.
2. That the respondents – original plaintiffs has filed the said suit in 1981 under Section 50 of the Bombay Public Trusts Act for declaration and permanent injunction. That the management, administration and all things of the temple are belonging to the Trust and respondents No.1 to 4 have no any right or interest over the same and restrained to lock the door of the temple. That the respondents are the trustees of Chamunda Mata Trust at Petlad, District: Kheda. That the appellant was not joined as a party as the address of the appellant was wrongly shown in the plaint and, therefore, the notice was not issued because of inc
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