MAGANBHAI SARDARMAL SHAH Vs. DILIPBHAI BABUBHAI SHAH

JUDGEMENT

(1.) It is the case of the petitioners that the interim order which is challenged in this petition in an appeal under sec. 70 of the Gujarat Public Trust Act, 1950 could not have been passed. Recording this submission, this court on 5/4/2021 passed the following order:

(2.) Against this order passed by the learned Single Judge, respondent no. 1 went in appeal before the Division Bench of this court and the Division Bench on 18/6/2021 suspended the order passed by the co- ordinate bench of this court on the ground that the order though interim in nature grants final relief.

(3.) Pending this petition, it has been brought to the notice of this court by learned AGP that the main appeal under Sec. 70 is to be heard on 2/3/2023 by the Joint Charity Commissioner. The Joint Charity Commissioner shall hear the main appeal namely Appeal No. 1 of 2021 pending before it on the date scheduled and pass an order in accordance with law within four weeks thereafter. The stay granted by the Division Bench of this court shall continue till the final disposal of the appeal by the Joint Charity Commissioner.