CHAIRMAN Vs. PRASANNVADANBHAI M MEHTA

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 2.12.2010 rendered by learned Addl.District Judge, Bhavnagar in Civil Misc.Application No.235 of 2008 and other allied civil applications. THE learned Addl.District Judge, Bhavnagar by virtue of the impugned judgment and order allowed the said Civil Misc.Application No.235 of 2008 filed by the respondents No.1/1 to 1/3 herein, u/s.47 of the Bombay Public Trust Act ('the Act', for short). THE appellant herein was opponent No.3 in said matter and in the instant appeal, the order passed by the learned Addl.District Judge, Bhavnagar, granting Civil Misc.Application No.235 of 2008 is only challenged.

(2.) THE respondents No.1/1 to 1/3 had preferred Civil Misc.Application No.235 of 2008 u/s.47 of the Act in the Court of learned Principal District Judge, Bhavnagar for appointment of five persons as trustees in the trust called Shri Dakshinamurthi Vidhyarthi Bhavan Trust. THE said application came to be opposed by the appellant herein, who was original opponent No.3 in the said matter, on various grounds, but the principal contention, which came to be raised by the appellant was that the applicants therein (respondents No.1/1 to 1/3) were not competent to apply u/s.47 of the Act. In the impugned judgment and order, the learned Judge turned down the said contention and Civil Misc.Application No.235 of 2008 came to be allowed.

(3.) MS.Shachi Mathur, learned AGP representing the respondents No.2 and 3 and Mr.C.B.Upadhyaya for the respondent No.4 supported the impugned judgment and order rendered by the District Court.