DHANSUKHBHAI LALLUBHAI PATEL Vs. NITINBHAI GUNVANTBHAI PATEL

JUDGEMENT

(1.) All the three petitions are arising out of the common order dated 14.10.2015 passed by the In-charge Joint Charity Commissioner, Surat, Camp at Vadodara, in Judicial Misc. Application Nos. 21 of 2010 (13 of 2013) , 5 of 2013 (9 of 2013) and 6 of 2012 (10 of 2013) , whereby he had rejected all the three applications.

(2.) The Special Civil Application No. 18696 of 2015 has been preferred by the petitioner Dhansukhbhai Lallubhai Patel, the applicant in Judicial Misc. Application No. 21 of 2010 filed under Section 41 of the Bombay Public Trust Act, 1950 (hereinafter referred to as 'the said Act') claiming to be one of the trustees of the Kosmada Gam Gaushala Trust (hereinafter referred to as 'the said trust') . In the said application, the applicant had sought injunction against the co-trustees of the said trust for restraining them from alienating or parting with the trust properties without following the procedure under the said Act.

(3.) The Special Civil Application No. 18699 of 2015 and Special Civil Application No. 18704 of 2015 have been preferred by the petitioners Hareshbhai Zinabhai Desai and Nikunj Dolatbhai Ahir, the applicants of Judicial Misc. Application Nos. 6 of 2012 and Judicial Misc. Application No. 5 of 2013 respectively filed under Section 41-A of the said Act claiming to be the beneficiaries of the said trust. In the Judicial Misc. Application No. 6 of 2012, the applicants had sought permanent injunction restraining the trustees of the said trust from creating any third party rights in the lands in question. In the Judicial Misc. Application No. 5 of 2013, the said applicants had challenged the alleged lease agreement dated 09.06.2010 executed by the trustees in favour of the respondent Rameshbhai Sakaria, and sought declaration and permanent injunction for restraining the respondents from creating third party interest in the lands in question.