BHAGWATSINH DEVISINH VANAR Vs. BUDDHADEV DULALCHANDRA MANDA

JUDGEMENT

(1.) Bhagwatsinh Devisinh Vanar and Jagankumari Bhagwatsinh Vanar, petitioners original defendant Nos. 1 and 2, have filed this petition under Article 227 of the Constitution of India with a prayer that this Court may be pleased to quash and set aside the order dated 30.8.2006 passed by the learned Additional District Judge, Presiding Officer, Fast Track Court No. 13, Nadiad in Civil Miscellaneous Application No. 95 of 2006 as well as the order below application 5 in Civil Suit No. 40 of 2006 passed by the learned Principal Civil Judge, Mehmadavad on 26.7.2006. The petitioner by way of amendment prayed that this Court may be pleased to quash and set aside the order dated 7.10.2006 passed by the learned Principal Civil Judge, Mehmadabad, in R.C.S. No. 40 of 2006 below Exh. 40 which was already annexed at Annexure-M to the petition. This petition was filed on 11.10.2006. The matter was heard from time to time and this Court passed orders on 17.10.2006, 7.11.2006, 16.1.2007, 23.1.2007 and 8.3.2007. The matter was again placed for hearing. As the matter was partly heard on 4.7.2007, due to paucity of time the matter was not heard fully and therefore, the matter was kept for further hearing today. I have heard Mr. Adeshra, learned advocate for respondent No. 2.

(2.) The facts giving rise to this petition are as under:

(3.) Gayatri Kelvani Mandal Trust, respondent No. 2, is a Public Trust registered under the provisions of the Bombay Public Trust Act. Respondent No. 1, namely, Buddhadev Dulalchandra Mandal, is working as Campus Director of the Institution run by respondent No. 2 trust. Petitioner No. 2 Jagankumari Bhagwatsinh Vanar is wife of petitioner No. 1 Bhagwatsinh Devisinh Vanar and is trustee of respondent No. 2 trust. The brother of petitioner No. 1 Deepsinh Vanar is also trustee of respondent No. 2 Trust and petitioners were instrumental in initiating and starting Physical College of Education at Mahemdavad in the year 1999.