THE INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA THROUGH ITS DIRECTOR PRO. TANUJA NESARIversusMANISH BABULAL GOHIL
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
Holding
The appeal was dismissed as there was nothing left to adjudicate after the respondent vacated the quarters unconditionally.
Summary
The Institute of Teaching and Research in Ayurveda filed a writ petition challenging the appellant's imposition of penal rent on certain quarters. The Single Judge held that if renovation was required, the respondent could shift to other premises offered by the appellant at the same rent. The respondent later filed an affidavit stating he would vacate the quarters on 07.05.2006, and the appellant reported that the respondent actually vacated on 22.04.2026. The Court observed that, in view of the respondent's unconditional vacation, there was no remaining issue for the appeal. Counsel for the appellant argued that the respondent could not impose any condition on vacating the premises, while the respondent affirmed that he had vacated unconditionally. Consequently, the appeal and the connected civil applications were disposed of.
Issues considered
- Whether the respondent can impose any condition on the vacation of the quarters after the order of the Single Judge.
- Whether any relief remains for the appellant after the respondent has vacated the premises unconditionally.
Subjects
Judgment
C/LPA/309/2026 JUDGMENT DATED: 08/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 309 of 2026
In R/SPECIAL CIVIL APPLICATION/3174/2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/LETTERS PATENT APPEAL NO. 309 of 2026
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2026
In R/LETTERS PATENT APPEAL NO. 309 of 2026
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THE INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA
THROUGH ITS DIRECTOR PRO. TANUJA NESARI
Versus
MANISH BABULAL GOHIL & ORS.
==========================================================
Appearance:
MR RC KAKKAD(389) for the Appellant(s) No. 1
MR TR MISHRA(483) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/05/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The respondent filed a writ petition challenging the act of
the appellant in charging penal rent.
2. In this writ petition, the learned Single Judge has held that
if the renovation was required of the quarters in respect of
which a penal rent was being charged, the respondent
would switch to other premises, which may be offered by
the appellant by paying the same rent.
Page 1 of 2
C/LPA/309/2026 JUDGMENT DATED: 08/05/2026
3. After the matter was heard for some time, the respondent
filed an affidavit that he would vacate the quarters on
07.05.2006. Pursuant to this affidavit, it is reported by the
appellant that the respondent has, in fact, vacated on
22.04.2026.
4. In that view of the matter, nothing survives in this appeal.
5. Learned counsel for the appellant, however, points out that
the respondent seeks to impose a condition for his handing
over the quarters. It is made clear that the respondent
cannot impose any condition against the appellant for
vacation of the quarters in light of the order passed by the
learned Single Judge.
6. It is also stated by learned counsel for the respondent that
the respondent now has instructed him that the
respondent has vacated the quarters unconditionally.
Appeal stands disposed of accordingly. Connected Civil
Applications also stand disposed of.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
SUDHIR
Page 2 of 2
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 08/05/2026 18:51:28
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