NEW AMTURA PARK Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) The appellant has preferred this Letters Patent Appeal under Clause 15 of the Letters Patent Appeal against the order dated 25.09.2018 passed by the learned Single Judge in Special Civil Application No.12420 of 2018, whereby, the learned Single Judge has dismissed the petition. The appellant herein is the original petitioner and respondents are the original respondents in the captioned petition.

(2.) The brief facts of the case is that the appellant is a Cooperative Society registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter be referred to as "the Act"). That, the originally, tenement No.56 (hereinafter be referred to as "the property") in the society was in the name of one Mrs.Ritaben Babubhai Shah. That, she had sold the property to Mrs.Rakshaben Kiritkumar Shah vide registered sale deed dated 02.05.1995 and the said transfer was made without informing the appellant - society and without obtaining permission from the appellant - society. It is also alleged that said Mrs.Rakshaben Kiritkumar Shah had also transferred the property to Mr.Jayantilal Keshavlal Chauhan vide registered sale deed dated 30.06.2004 and that transaction was also made without informing or obtaining the permission from the society. It is also alleged that the name of Mrs.Ritaben Babubhai Shah is also reflected as member of the society and no transfer procedure has been carried out by respondents or by Mr.Jayantilal Keshavlal Chauhan. It is alleged that the father of respondent No.2 Mr.Jayantilal Keshavlal Chauhan has executed a Will on 18.07.2006 and accordingly, the said property was bequeathed to respondent No.2 and his brother Mr.Nimeshbhai Jayantilal Chauhan has in equal share in the property and respondent No.2 has also appointed as guardian of children and, thereafter, Mr.Nimeshbhai Jayantilal Chauhan has passed away on 09.09.2006 and, therefore, his share in the property is devolved on his legal heirs.

(3.) Being aggrieved and dissatisfied with the order of the learned Single Judge, the appellant has approached this Court.