BHASKARBHAI CHANDUBHAI PATEL Vs. THAKORBHAI SANKARBHAI PATEL

JUDGEMENT

(1.) 1. By way of the present first appeals preferred under Section 72(4) of the Gujarat Public Trust Act, 1950 (for short, the 'Act'), the appellants have challenged order dated 30.10.2015 passed by the learned 2nd Additional District Judge, Anand in Regular Civil Appeal No.74 of 2014 whereby, the learned Appellate Judge confirmed and up -held the order dated 20.09.2014 passed in Scheme Application No.23 of 2010 passed by the learned Joint Charity Commissioner, Vadodara.

(2.) Briefly stated, the New English School Trust, Vasad is duly registered under the provisions of the said Act having registration No.E/73/Anand. The said Trust is purely an educational institution established in the year 1943 by the reputed and educated people of village and the said Trust imparts education in various branches and has around 2000 students at school level and 4000 students at under graduate and post graduate level. The Trust has huge reserved funds and also immovable property alongwith construction. Prior to the present appeals, this Court under Section 41A of the Act, formed a committee and the said committee continued to manage the Trust. Vide order dated 11.02.2014 passed in Special Civil Application No.8029 of 2008, this Court directed to decide Scheme Application No.23 of 2010 and with consensus of the parties, interim arrangement, which was made in the said proceedings, was continued till final disposal of the said scheme application subject to rights of the parties to challenge before the competent Court. Accordingly, the competent Forum framed a scheme as per order dated 20.09.2014 and though, it was challenged before the learned Appellate Court, the learned Appellate Judge dismissed the appeal and, therefore, the present first appeals.

(3.) I have heard submissions of learned advocate Mr.M.I. Merchant for the appellants, learned A.G.P. Mr.Bharat Vyas for respondent No.32, learned advocate Mr.Deep D. Vyas for respondent Nos.4, 23, 25, 26, 29 and 30, learned advocate Mr.V.M. Patel appearing for learned advocate Mr.H.V. Patel for respondent Nos.16,17 and 19, learned advocate Mr.M.S. Shah for respondent No.13 and learned advocate Mr.V.C. Mehta for respondent No.9.