9911796707
TMI Blog2021 (9) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... e correct due to the following reasons:- (i) This Court, by its order dated 22.11.2013, which we have extracted above, has permitted in no uncertain terms, the withdrawal of the appeals. Thereafter it is not open to the High Court to proceed with the hearing of the appeals. (ii) The procedure sought to be adopted by the High court, namely to hear the appeals in the interest of third parties, despite the appellants seeking to withdraw them, is possible only in two circumstances namely, (a) when there are cross objections, which can independently proceed in terms of Order XLI Rule 22(4) CPC; or (b) when a transposition takes place in terms of Order XXIII Rule 1A CPC. In this case, there were no cross objections and hence Order XLI Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wal, Adv., Mr. Mitul Shelat, Adv., Mr. Ankur Saigal, Adv., Mr. Rishabh Parikh, Adv., Mr. Abhinav Garg, Adv., Mr. E.C. Agrawala, AOR, Dr. Abhishek Manu Singhvi, Sr. Adv., Mr. Huzefa Ahmadi, Sr. Adv., Mr. Mahesh Agarwal, Adv, Mr. Ankur Saigal, Adv., Mr. Rishabh Parikh, Adv., Mr. Abhinav Garg, Adv And Mr. E.C. Agrawala, AOR For Respondent(s) Ms. Hemantika Wahi, AOR, Mr. Mehul Shah, Sr.Adv., Mr. Haresh Raichura, AOR, Saroj Raichura, Adv., Mr. Kalp Raichura, Adv., Mr. Ram Bhadauria, Adv., Mr. H.M Parikh, Sr. Adv., Mr. Bhargava V Desai, AOR, Mr. Hemang parikh, Adv., Mr. Rasesh Parikh, Adv., Ms. Aditi Diwan, Adv., Mr. Shivam Jasra, Adv., Mr. Dushyant Dave, Sr. Adv., Mr. Shyam Divan, Sr. Adv., Mr. Pradhuman Gohil, Adv., Ms. Taruna Singh Gohil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ps for restoration of possession of those properties; and (iii) directing the Charity Commissioner to submit a draft Scheme in the light of the observations contained in the judgment. The preliminary decree also permitted the defendants to submit their objections to the draft Scheme and directed the Scheme to be finalised after hearing both sides in due course. 6. It appears that the Charity Commissioner filed a draft Scheme to which the defendant no.1/2 filed objections. The other defendants (numbering 42) did not file any objections to the proposed Scheme. 7. A preliminary objection was raised by defendant no.1/2 that since the preliminary decree is under appeal before the High Court, the Scheme cannot be finalised till the final di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide the order of the High Court dated 20.07.2012 and permitted withdrawal of the first appeals. It may be useful to extract the operative part of the order of this Court dated 22.11.2013 which reads as follows: ... ... ... Therefore we permit the SLP to be withdrawn with this undertaking. The first appeal no.1090 of 1979 filed by Mr. K.P. Pandey and first appeal no.1374 of 1979 filed by Mr. K.C. Choudhary are permitted to be withdrawn. In view of the withdrawal of first appeal no.1090 of 1979 and first appeal no. 1374 of 1979, the judgment rendered by the High Court is also liable to be set aside and is accordingly set aside. The SLP is dismissed as withdrawn. 11. Despite the above order of this court, the High Court of Guj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to proceed with the hearing of the appeals. (ii) The procedure sought to be adopted by the High court, namely to hear the appeals in the interest of third parties, despite the appellants seeking to withdraw them, is possible only in two circumstances namely, (a) when there are cross objections, which can independently proceed in terms of Order XLI Rule 22(4) CPC; or (b) when a transposition takes place in terms of Order XXIII Rule 1A CPC. In this case, there were no cross objections and hence Order XLI Rule 22(4) has no application. There was also no transposition and hence 3rd parties cannot seek to continue the appeals; (iii) Proceedings for the framing of a Scheme for the administration of a Trust are no doubt proceedings in rem. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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