SCA/21911/2006 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 21911 of 2006 With SPECIAL CIVIL APPLICATION No. 21913 of 2006 With CIVIL APPLICATION No. 15309 of 2007 In SPECIAL CIVIL APPLICATION No. 21913 of 2006 To CIVIL APPLICATION No. 15310 of 2007 In SPECIAL CIVIL APPLICATION No. 21911 of 2006 With CIVIL APPLICATION No. 15451 of 2007 In SPECIAL CIVIL APPLICATION No. 21911 of 2006 To CIVIL APPLICATION No. 15452 of 2007 In SPECIAL CIVIL APPLICATION No. 21913 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHAH HARISHCHANDRA PRATAPCHAND - Petitioner(s) Versus SHRI SHANTINAGAR SHWETAMBAR MURTIPUJAK JAIN SANGH & 25 - Respondent(s) ========================================================= SCA/21911/2006 2/6 JUDGMENT Appearance : MR JR NANAVATI, SR.ADVOCATE with MR KETAN D SHAH for Petitioner(s) : 1, MR MANAV A MEHTA for Respondent(s) : 1 – 26. ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 16/05/2008 COMMON ORAL JUDGMENT 1. Heard Mr. J.R. Nanavati, learned counsel appearing for the petitioners in the main petitions and respective applicants/opponents in respective Civil Applications and Mr. Manav Mehta, learned counsel appearing for the respondents in the main petitions and respective applicants/opponents in respective Civil Applications. 2. The petitioners are members of the Shree Shantinagar Swetambar Murti Pujak Jain Sangh - respondent no.1 and they were removed by the resolution of the Sangh dated 5.2.2006 as a member of the Sangh. 3. The petitioners challenged the resolution before the Charity Commissioner, Ahmedabad, by filing Misc. Civil Application and others. The said matters were disposed of by the Charity SCA/21911/2006 3/6 JUDGMENT Commissioner vide order dated 31.8.2006. 4. The petitioners have challenged the common order dated 31.8.2006 passed by the Charity Commissioner by filing Special Civil Application No. 21181 of 2006 as well as Special Civil Application No. 21673 of 2006 before this Court. The said petitions were disposed of by this Court vide order dated 7.10.2006 as well as vide order dated 12.10.2006 whereby the part of the order impugned in the said petitions was quashed and set aside. 5. The petitioners by way of the present petitions have challenged the resolution dated 5.2.2006 as well as letter dated 4.4.2006 written by the Secretary of the Sangh under Articles 14, 25 and 226 as well as Article 226 of the Constitution of India. 6. In both the above petitions, this Court was pleased to issue notice to the respondents vide order dated 12.10.2006. Thereafter, vide order dated 9.3.2007, this Court admitted the above petitions and fixed the said petitions for final hearing. SCA/21911/2006 4/6 JUDGMENT 7. Vide order dated 4.12.2007, this Court passed interim order in terms of prayer 13[D] of the petitions and since the said order was not complied with by the respondents two Civil Applications were preferred by the present petitioners praying for appropriate action under Order 39 Rule 2-A of the Code of Civil Procedure. Similarly, the respondents also filed two Civil Applications in both the petitions for vacating stay granted in both the petitions. 8. During the pendency of the above matters, respondent no.1 Sangh in its extraordinary general meeting held on 10.2.2008 has resolved to admit the petitioners as members and thereafter, subscription of the petitioners is accepted by the respondent Sangh and a receipt is also issued for the same. 9. It is submitted by Mr. Nanavati that in view of the above, the petitions have become infructuous. 10.Looking to the totality of the facts of the case, I am of the considered opinion that since the petitioners are admitted as members of the SCA/21911/2006 5/6 JUDGMENT Sangh and their subscription is accepted, nothing requires to be adjudicated by this Hon'ble Court. 11.So far as the request of Mr. Nanavati appearing with Mr. Ketan D. Shah that this Court may direct the respondents that the respondents may not pass such resolution against the petitioners is concerned, the same is not accepted as the same is not the subject matter of the present petitions. 12.With the above observations and having regard to the fact that the parties have settled the issue amicably, both the petitions stand disposed of as having become infructuous. Rule issued in each of the petition stands discharged. Interim relief granted vide order dated 4th December, 2007 is hereby vacated. No costs. 13.In view of the disposal of the main petitions, Civil Applications filed in both the above petitions also stand disposed of as having become infructuous. [C.K. BUCH, J.] SCA/21911/2006 6/6 JUDGMENT pirzada/-