High CourtsDivision Bench(2026) 05 GUJ CK 1418

Institute Of Teaching And Research In Ayurveda Through Its Director Pro. Tanuja Nesari vs Manish Babulal Gohil & Ors.

Gujarat High Court · Decided on 8 May 2026

HON’BLE JUDGES
N.S.Sanjay Gowda, J · J. L. Odedra, J
RESULT
Disposed Of
CASE NUMBER
R/Letters Patent Appeal No. 309 Of 2026, In R/Special Civil Application No. 3174 Of 2021, Civil Application (For Stay) No. 1 Of 2026, Civil Application (For Additional Evidence) No. 2 Of 2026

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Judgment

7 paragraphs · 213 words

N.S.Sanjay Gowda, J

1.

The respondent filed a writ petition challenging the act of the appellant in charging penal rent.

2.

In this writ petition, the learned Single Judge has held that if the renovation was required of the quarters in respect of which a penal rent was being charged, the respondent would switch to other premises, which may be offered by the appellant by paying the same rent.

3.

After the matter was heard for some time, the respondent filed an affidavit that he would vacate the quarters on 07.05.2006. Pursuant to this affidavit, it is reported by the appellant that the respondent has, in fact, vacated on 22.04.2026.

4.

In that view of the matter, nothing survives in this appeal.

5.

Learned counsel for the appellant, however, points out that the respondent seeks to impose a condition for his handing over the quarters. It is made clear that the respondent cannot impose any condition against the appellant for vacation of the quarters in light of the order passed by the learned Single Judge.

6.

It is also stated by learned counsel for the respondent that the respondent now has instructed him that the respondent has vacated the quarters unconditionally. Appeal stands disposed of accordingly. Connected Civil Applications also stand disposed of.