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Judgment
M. Prachchhak, J
Leave to correct the name of respondent No.2 - Mukesh Shantilal Mehta in the affidavit tendered today is granted.
Present appeal is filed by the appellants under Section 72(4) of the Bombay Public Trust Act, 1950 read with Section 96 of the Civil Procedure, Code, 1908 challenging the judgment and order dated 28.02.2005 passed by the City Civil Court No.10, Ahmedabad in civil Miscellaneous Application No.272 of 2003 confirming the order passed by the learned Joint Charity Commissioner, Ahmedabad in Scheme Application No.8 of 1989 dated 31.05.2003.
At the outset, it has been submitted by the learned counsel for the respondents that, after allowing the civil application for joining party by this Court vide order dated 18.09.2025, the respondent No.6 has passed away and therefore, the respondent No.6 is required to be deleted from the cause-title. Accordingly, Registry is directed to delete the name of respondent No.6 - Shri Mahendrabhai H. Patel from the cause-title.
Today, when the matter is taken up for hearing, learned counsel for the respondents has tendered affidavit dated 06.10.2025 filed on behalf of the respondent No.2 - Mukesh Shantilal Mehta, and submitted that the dispute and differences between the parties are resolved amicably and now, no controversy remains between the parties and everything is settled and the original Scheme Application preferred for framing of Scheme of the Trust of the Community has been withdrawn by the respondent No.2. The respondent No.2 -Mukesh Shantilal Mehta as well as the respondent No.7 - Ashutosh N. Mehta, who is presently Vice President of the Trust, are present before the Court.
The affidavit dated 06.10.2025 is taken on record. The contents of the affidavit are part of this order and are reproduced hereunder :
"I, Mukesh Shantilal Mehta, the Respondent No.2 herein, Aged:-75, Residing at C-802- Orchid Paradise, South Bopal, Ahmedabad, hereby solemnly affirm and state on oath as under:-
I state and submit that I have filed the Scheme Application No.8/1989 before the Charity Commissioner, Ahmedabad for framing of the scheme of the Trust Shri Kamnath Mahadev Mandir Trust, Ahmedabad managed and administered by Shri Dasha Gurjar Vanik Gnyati since the year 1953 and to appoint the new trustees from Shri Dasha Gurjar Vanik Gnyati for smooth administration and management of the trust.
I state that in the aforesaid scheme application, the Charity Commissioner, Ahmedabad has travelled beyond prayers/reliefs claimed in the original scheme application and framed the scheme under Section 50A of the Bombay Public Trust Act, 1950 vide its order dated 31/05/2003, which adversely affects the rights of the members of Shri Dasha Gurjar Vanik Gnyati and Kamnath Mahadev Mandir Trust.
I state that the aforesaid order of the Commissioner, Ahmedabad dated 31/05/2003 was challenged before the City Civil Court at Allahabad in Civil Misc. Application No. 272/2003, which came to be dismissed. The said judgment and order is challenged in the aforesaid First Appeal by the then Trustees of the Kamnath Mahadev Mandir Trust, which is admitted at the relevant time and at present, pending for its final hearing.
I state that during the pendency of the aforesaid First Appeal before this Hon'ble Court i.e. passage of time of 30/35 years, the dispute and differences between the parties were resolved amicably and now, no controversy remains between them and everything is settled.
Therefore, I hereby withdraw the original Scheme Application No.8/1989 in the interest of Gnyati as well as the Trust as no dispute remains between the parties.
In view of my withdrawal of original Scheme Application, it may be observed that the orders of the Charity, Ahmedabad dated 31/05/2003 as well as of City Civil Court, Ahmedabad dated 14/11/2022 in Civil Misc. Application No. 272/2003 do not survive and the position prevailing before the passing of the order of the Charity Commissioner is to be restored.
I further declare that I also have no objection to grant the prayer at Para No.13C of the Civil Application No. 1 of 2023 filed in the present First Appeal.
What is stated hereinabove is true to be best of my knowledge and information.
Solemnly affirm on this 6th day of October, 2025 at Ahmedabad
[Deponent]
Mukesh Shantilal Mehta"
In view of above, the impugned judgment and order dated 28.02.2005 passed by the City Civil Court No.10, Ahmedabad in Civil Miscellaneous Application No.272 of 2003 and order dated 31.05.2003 passed by the learned Joint Charity Commissioner, Ahmedabad in Scheme Application No.8 of 1989 are hereby quashed and set aside. Consequently, the order dated 14.11.2022, substantially modifying the scheme, passed by the respondent No.5 in Scheme Amendment Application No.13 of 2022 is also hereby quashed and set aside.
Accordingly, the present Appeal is allowed to the aforesaid extent. No order as to costs. Record and Proceedings, if received, be sent back to the concerned Court forthwith.
In view of the fact that the main First Appeal is disposed of, the connected civil application does not survive and stands disposed of accordingly.