SHRI LOKESH V. PATEL PRESIDENT / CHAIRMAN , KAMNATH MAHADEV CHARITABLE TRUSTversusPIYUSH VINAYCHANDRA MEHTA

      C/MCA/2880/2025                                 ORDER DATED: 15/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2880 of 2025
                                 In
                      R/FIRST APPEAL/2728/2005

=============================================
   SHRI LOKESH V. PATEL PRESIDENT / CHAIRMAN , KAMNATH MAHADEV
                           CHARITABLE TRUST
                                  Versus
                 PIYUSH VINAYCHANDRA MEHTA & ORS.
=============================================
Appearance:
MR RR VAKIL(964) for the Applicant(s) No. 1
MR MRUNAL DHOLARIA AGP for the Opponent(s) No. 1,2,3,4,5,6,7,8,9
=============================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                              Date : 15/01/2026

                                ORAL ORDER


1.     Present Misc. Civil Application is 6led for the following reliefs:-

         (A)   Your Lordships may be pleased to admit and allow
               this Civil Application;

         (B)   Your Lordships may be pleased to recall the order dtd.
               9/10/2025 by passing appropriate orders and restore
               the 1st appeal on the %le of Hon’ble Court.

         (C)   Your Lordships would be pleased to restore applicant
               as Respondent No.6 in place of deleted Respondent
               No.6.

         (D) Pending admission hearing and %nal disposal of this
             MCA Your Lordships would stay operation, execution
             and implementation of order dtd. 9/10/2025 at
             Annexure A.

         (E)   Your Lordship would be pleased to delete the name of
               Respondent No.10 Shri Ashutosh N. Mehta since he
               belong to the Dasha Gurjar Gyati and in his place


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     C/MCA/2880/2025                                 ORDER DATED: 15/01/2026




                present secretary of the trust Shri Jaimin Shah be
                added as Respondent No.10.

        (F)     Pass such other and further orders as may deem %t in
                the interest of justice.


2.    Heard Mr.R. R. Vakil, learned counsel for the applicant and
Mr.Mrunal Dholaria, learned Assistant Government Pleader for the
opponent – State Authority.


3.    Mr.Vakil, learned counsel for the applicant has submitted the
same facts which are narrated in the memo of application and has
also submitted that Dasha Gurjar Gyati came in possession of one
member of Choksi family, from which, they are claiming that the deity
belongs their caste. He has submitted that somewhere in 1965 –
1967, the State of Gujarat gave land to construct the temple near St.
Xavier’s High School and in the year 1985 onward the dispute was
cropped up between two group of Dasha gurjar Gyati, one led by
Vibhas Choksi and one led by Piyush Mehta. He has submitted that
due to the dispute Scheme No. 1 of 1989 was moved before the
learned       Charity   Commissioner,      whereby   the   learned      Charity
Commissioner framed the scheme and kept three members of Dasha
Gurjar Gyati as Trustee for three years and eight members of other
castes including Brahmin, Baniyas, Swaminarayans, Patels, etc. He
has submitted that the said scheme was challenged by group of
Piyush Mehta before the City Civil Court, which came to be dismissed
and, thereafter, the others have 6led First Appeal No. 2728 of 2005,
which was argued the interim relief, however, the same was not
granted. He has submitted that when the matter was heard by this
Court, there was no representative on behalf of other casts who were
managing the temple since last more than 20 years. He has submitted



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that Piyush Mehta Group 6led an application for joining respondents
No. 6 and 7 in order to show that other caste is being represented by
respondent No.7, who was belong to Dasha Gurjar Gyati and holding
the post of Vice President, respondent No.6 was only person
belonging to other casts, who died. He has submitted that on the
death of respondent No.6, he cannot be removed but president is
required to be replaced but respondent No.7 misrepresented this
Court stating that Mahendrabhai Patel has died and, therefore, his
name is required to be deleted.


3.1    Mr.Vakil, learned counsel has submitted that though the
applicant was necessary party to the proceedings, they have not been
joined as party respondent in the proceedings and the applicant has
6led the present application for joining party respondent No.6 in the
6rst appeal, however, without him the present case cannot be
proceeded. It is submitted that the scheme prepared by the City Civil
Court, Ahmedabad in Civil Misc. Application No. 272 of 2003
pertaining to the Trust is under challenged and hence, the present
application is necessary party to the proceedings.


3.2    Mr.Vakil, learned counsel has submitted that the present
applicant is required to be restored as respondent No.6 in place of
deleted respondent No.6 in the main appeal. He has submitted that
the name of original respondent No.10 Ashutosh Mehta is required to
be deleted since he belongs to the Dasha Gurjar Gyati and in his place
the present secretary of the Trust Shri Jaimin Shah be added as
respondent No.10. He has submitted that the order dated 09.10.2025
passed by this Court in the 6rst appeal deserves to be recalled as the
parties have mislead the Court and did not state correct facts and,
therefore, application deserves to be allowed.

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          C/MCA/2880/2025                                                                ORDER DATED: 15/01/2026




 4.          Having considered the averments made in the application and
 the submissions canvassed by the learned counsel for the applicant, it
 appears that the respondent No.6 was expired during the pendency of
 the appeal and, therefore, his name was deleted. This Court is opinion
 that this application is not required to be entertained as the 6rst
 appeal is disposed of on the basis of the settlement arrived at
 between the parties, for which an aHdavit was 6led by respondent
 No. 2 – Mukesh Shantilal Mehta and respondents No.2 and 7 were
 present before the Court.


 5.          In view of the above, this Court is of the view that no case is
 made out to recall the order dated 09.10.2025 passed by this Court in
 the 6rst appeal and hence, the application being meritless deserves to
 be dismissed. Accordingly, the present application is dismissed.


                                                                           (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/01/2026 16:47:55




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