High Court of Gujarat

SAROJCHANDRA RAMCHANDRA PATELversusOM ASHRAM TRUST (LAXMINARAYAN TEMPLE)

Decided: 12 March 2026
Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed as infructuous because the appellate court has already decided the application under Section 41A of the Gujarat Public Trust Act.

Summary

Petitioner Sarojchandra Ramchandra Patel filed a Special Civil Application under Section 41A of the Gujarat Public Trust Act seeking relief against the respondents. The petitioner argued that the appellate court had already decided the application, rendering the present petition infructuous. Respondent No.1, represented by counsel, did not object to disposal. The Court held that since the matter had been finally decided by the appellate court, the petition could no longer be maintained. Consequently, the petition was disposed of as infructuous, the notice was discharged and any interim relief granted earlier was vacated.

Issues considered

Whether the Special Civil Application under Section 41A of the Gujarat Public Trust Act should be dismissed as infructuous after the appellate court has already decided the matter?

Legislation cited

Gujarat Public Trust Act — s. 41A

Subjects

Section 41A
Gujarat Public Trust Act
infructuous petition
interim relief vacated
petition disposal

Judgment

      C/SCA/13090/2022                                                                ORDER DATED: 12/03/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SPECIAL CIVIL APPLICATION NO. 13090 of 2022
==========================================================
                   SAROJCHANDRA RAMCHANDRA PATEL
                                Versus
             OM ASHRAM TRUST (LAXMINARAYAN TEMPLE) & ORS.
==========================================================
Appearance:
MR C B UPADHYAYA(3508) for the Petitioner(s) No. 1
MS NIRALI SHARDA AGP for the Respondent(s) No. 3
MR MRUGEN K PUROHIT(1224) for the Respondent(s) No. 1
MR NAMAN K BRAHMBHATT(11307) for the Respondent(s) No. 2
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 12/03/2026

                                                  ORAL ORDER

         Today, Mr. C.B. Upadhyaya, learned counsel for the
petitioner submits that the Appellate Court has already
decided the application under Section 41A of the Gujarat
Public Trust Act and therefore, present petition has
become infructuous and the same may be disposed of.
         Mr. Purohit, learned counsel for the respondent
No.1 has no objection if the petition is disposed of.
         In view of the above statement of learned counsel for
the petitioner, present petition stands disposed of as
having become infructuous. Notice is discharged. Interim
relief, if any, stands vacated forthwith.


                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/03/2026 17:50:03




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