AJENDRAPRASADJI N PANDE Vs. SWAMI KESHAVPRAKESHDASJI N
LAWS(SC)-2006-12-36
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on December 08,2006

AJENDRAPRASADJI N.PANDE Appellant
VERSUS
SWAMI KESHAVPRAKESHDASJI N. Respondents





Cited Judgements :-

TARIGONDA MALLIKARAJUNA VS. SHAIK M.A. AHAMMAD [LAWS(HYD)-2016-4-1] [REFERRED TO]
SAHIB SINGH & ANOTHER VS. KULDEEP KUMAR & OTHERS [LAWS(P&H)-2010-4-217] [REFERRED]
ARMANDO PEREIRA VS. JUDE D SOUZA [LAWS(BOM)-2009-3-185] [REFERRED TO]
CENTURY TEXTILES AND INDUSTRIES LIMITED VS. ADDITIONAL CIVIL JUDGE [LAWS(UTN)-2007-3-23] [REFERRED TO]
SANTOSH SAWHNEY VS. SUKHDEV MINHAS [LAWS(UTN)-2019-7-57] [REFERRED TO]
ANITA VS. RITA KAPADIA [LAWS(P&H)-2019-7-26] [REFERRED TO]
PALAK VS. GURDEEP SINGH [LAWS(P&H)-2019-2-154] [REFERRED TO]
V PADMANABHA DAVEY CHENNAI VS. V M NATESHA CHETTIAR AND CO [LAWS(MAD)-2009-10-511] [REFERRED TO]
NORTH POINT SENIOR SECONDARY BOARDING SCHOOL VS. RAHAN ALI MALLICK AND ORS. [LAWS(CAL)-2015-12-104] [REFERRED TO]
PUTTASHETTY AND ORS. VS. MANJA SHETTY [LAWS(KAR)-2015-1-275] [REFERRED TO]
VAKKALAGADDA VENKATA SIVAYYA VS. TUMMALA SUJATHA [LAWS(APH)-2022-2-70] [REFERRED TO]
KARIBANDI SURYAKANTHAM VS. PILLA VENKATAKRISHNA [LAWS(APH)-2015-4-85] [REFERRED TO]
RAMOJI RAO VS. M A E KUMAR KRISHNA VARMA [LAWS(APH)-2011-11-31] [REFERRED TO]
B. SREENIVASULU VS. B. KUSUMA KUMARI AND ORS. [LAWS(APH)-2015-11-31] [REFERRED TO]
RADHA BAI VS. SHANKARLAL KACHHI [LAWS(MPH)-2013-10-77] [REFERRED TO]
SWATI NAGPURE VS. KAMLA NAGPURE [LAWS(MPH)-2013-12-278] [REFERRED TO]
SHARANJIT KAUR VS. KULWANT SINGH AND OTHERS [LAWS(P&H)-2014-10-179] [REFERRED]
SHAMSHAD BEGUM VS. HASSAN MURTAZA AND ORS. [LAWS(P&H)-2015-10-108] [REFERRED TO]
ADBUL BASID VS. NAZRUL HAQUE AND ORS. [LAWS(GAU)-2015-9-65] [REFERRED TO]
AKBAR ALI VS. MOSLEM UDDIN MANDAL MANDAL [LAWS(GAU)-2011-4-50] [REFERRED TO]
GARWARE WALL ROPES LTD VS. SHASHIKANT BHALCHANDRA GARWARE [LAWS(BOM)-2011-5-30] [REFERRED TO]
K T KUBAL & COMPANY VS. MUJIBUR REHMAN HAJI ISRAR ALAM SIDDIQUI [LAWS(BOM)-2014-10-137] [REFERRED TO]
AMRUT GINNING FACTORY VS. NAMOBAI TANAJI PAWAR [LAWS(BOM)-2009-6-66] [REFERRED TO]
M. Nagaraj, S/o. Late Muninanjappa and Sri M. Basavaraj, S/o. Late Muninanjappa VS. Sri N. Venkataswamappa, S/o. Late Narayanappa [LAWS(KAR)-2010-10-139] [REFERRED TO]
ANIL VS. ANITA [LAWS(BOM)-2021-8-70] [REFERRED TO]
TRILOCHAN DAS VS. KRISHNA DUTTA [LAWS(CAL)-2008-12-18] [REFERRED TO]
B.J. NAGRATH VS. CHAIRPERSON, DEBT RECOVERY APPELLATE TRIBUNAL [LAWS(ALL)-2014-7-200] [REFERRED TO]
RABINDRA NATH DAS VS. KARUNA DAS AND ORS. [LAWS(CAL)-2007-5-75] [REFERRED TO]
DINESH KUMAR VS. DISTRICT JUDGE [LAWS(ALL)-2012-5-177] [REFERRED TO]
SURJEET SINGH VS. ADDITIONAL DISTRICT JUDGE SITAPUR [LAWS(ALL)-2011-3-17] [REFERRED TO]
TAHIRA BEGHUM VS. ADDITIONAL DISTRICT JUDGE/COURT NO. 2 [LAWS(ALL)-2010-5-148] [REFERRED TO]
SANJEEV KUMAR VS. VIRENDRA KUMAR MEHROTRA [LAWS(ALL)-2011-4-110] [REFERRED TO]
RAMNIWAS BANSILAL LAKHOTIYA VS. SUNIL PANNALAL AGRAWAL [LAWS(BOM)-2014-11-100] [REFERRED TO]
ALOK GARG VS. ANJU KHURANA [LAWS(ALL)-2013-12-113] [REFERRED TO]
RAMESH CHANDRA VS. DISTRICT JUDGE UNNAO [LAWS(ALL)-2011-4-183] [REFERRED TO]
BUTNA DEVI VS. AMIT TALWAR [LAWS(DLH)-2013-10-178] [REFERRED TO]
RAJESH SHARMA VS. KRISHAN PAL [LAWS(DLH)-2011-9-265] [REFERRED TO]
CHAMPABEN VS. KHUSHMANBHAI CHANDUBHAI [LAWS(GJH)-2025-3-103] [REFERRED TO]
R BALAJI VS. V VIJAYAN [LAWS(MAD)-2011-2-129] [REFERRED TO]
RAM AGARWAL VS. B JAGANNATH RAO [LAWS(APH)-2008-7-77] [REFERRED TO]
RICHA KHARE VS. ANKIT GUTA [LAWS(ALL)-2015-4-41] [REFERRED TO]
SHAILENDRA KUMAR SHARMA VS. SMT. CHANDRA KANTA SHARMA & OTHERS [LAWS(ALL)-2016-7-352] [REFERRED TO]
DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD VS. RAJEEV KUMAR [LAWS(ALL)-2016-4-276] [REFERRED]
VARDIBEN CHAGANBHAI PARMAR & 1 ANR VS. BHIMSINGBHAI RATNABHAI DAMOR [LAWS(GJH)-2015-3-317] [REFERRED TO]
NITABEN DINESH PATEL VS. DINESH DAHYABHAI PATEL [LAWS(SC)-2021-10-30] [REFERRED TO]
SURAPANENI VENKATA RATNAM VS. SURAPANENI RAJESWARAMMA [LAWS(APH)-2022-11-173] [REFERRED TO]
REETA KUMARI VS. ANISH RANJAN [LAWS(PAT)-2007-4-2] [REFERRED TO]
SURYADEEP GARG VS. NEHA GARG [LAWS(MPH)-2015-8-162] [REFERRED TO]
AVINASH KUMAR RAI VS. SUSHREE CHHAYA RAI [LAWS(MPH)-2017-4-80] [REFERRED TO]
MAROTI RAMCHANDRA PARSUTKAR VS. RAMDAS KHATI PIDURKAR [LAWS(BOM)-2008-1-15] [REFERRED TO]
CHHABUBAI HARIBHAU BADAKH VS. S H KHATOD AND SONS [LAWS(BOM)-2009-5-23] [REFERRED TO]
SHIVKARAN VS. RATANLAL BAIRWA [LAWS(RAJ)-2014-5-333] [REFERRED]
RAM KUMAR VS. SURAJBANS SINGH BAKSHI [LAWS(P&H)-2010-3-139] [REFERRED TO]
DEEPAK SINGH VS. STATE OF H P [LAWS(HPH)-2018-9-108] [REFERRED TO]
MOHD LATIF (SINCE DECEASED) THROUGH LRS VS. GAFFURI AND OTHERS [LAWS(HPH)-2018-4-75] [REFERRED TO]
JOGINDER KAUR VS. MIT MOHAN SINGH KAHLON AND ANOTHER [LAWS(P&H)-2018-10-118] [REFERRED TO]
SANTLAL VS. RAMKEWAL [LAWS(ALL)-2014-9-32] [REFERRED TO]
SUBHASH CHANDER VS. AMAR SINGH CHAUHAN [LAWS(DLH)-2012-7-540] [REFERRED TO]
U.N. BHARDWAJ VS. Y.N. BHARDWAJ AND ORS. [LAWS(DLH)-2015-10-321] [REFERRED TO]
RAVINDER VASHISHT VS. NANHI DEVI [LAWS(DLH)-2012-10-55] [REFERRED TO]
PROMILA HALDER VS. SRI KUMARESH MONDAL ALIAS BHABESH MONDAL [LAWS(CAL)-2010-6-94] [REFERRED TO]
RABINDRA NATH GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-8-20] [REFERRED TO]
PURCHASING MANAGEMENT VS. RAJAT PANDHI [LAWS(DLH)-2009-1-25] [REFERRED TO]
LINK ENGINEERS P LIMITED VS. ASEA BROWN BOVERI LIMITED [LAWS(DLH)-2007-4-75] [REFERRED TO]
MAHENDRAKUMAR BHAGWATIPRASAD VS. VIRENDRA BHAGWATIPRASAD AGRAWAL [LAWS(BOM)-2014-4-15] [REFERRED TO]
MR.SASIDHARAN VS. MR.SUDARSANAN [LAWS(KER)-2020-10-18] [REFERRED TO]
M SHRAVAN KUMAR AND R ASHOK KUMAR BANSALI VS. RAJESH EXPORTS LIMITED [LAWS(KAR)-2010-12-15] [REFERRED TO]
SAJID P.A., AGED 48 YEARS, S/O. ABOOBACKER, PADIYATH HOUSE, VAZHAKKALA, P.V.K MINA ROAD, THRIKKAKKARA VILLAGE, THRIKKAKARA POST, ERNAKULAM DISTRICT VS. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, WAYANAD DISTRICT, CIVIL STATION, KALPETTA [LAWS(KER)-2017-1-94] [REFERRED TO]
LAWRENCE CHRISTOPER FERNANDES VS. ERROL F MC MAHON [LAWS(BOM)-2018-6-31] [REFERRED TO]
MANKUNWARBAI VS. VINOD KUMAR [LAWS(MPH)-2010-7-11] [REFERRED TO]
HARMINDER SINGH VS. NIRMAL SINGH AND ANOTHER [LAWS(P&H)-2014-12-251] [REFERRED]
DASHRATH VS. RAJU BAI [LAWS(MPH)-2014-6-200] [REFERRED TO]
KAILASH SINGH VS. BUNDEL SINGH [LAWS(MPH)-2014-2-165] [REFERRED TO]
MAMTA RANI AND ANOTHER VS. DAYA WANTI [LAWS(P&H)-2014-12-252] [REFERRED]
VANSRAJ AND ORS. VS. SUBHAGI AND ORS. [LAWS(ALL)-2015-4-257] [REFERRED TO]
HARPINDER SINGH VS. BALBIR SINGH [LAWS(P&H)-2015-3-543] [REFERRED TO]
BADAN CHANDRA ADAK VS. SOVAN BANERJEE [LAWS(CAL)-2022-11-85] [REFERRED TO]
DHULIPALLA SRINIVASA RAO VS. KANDULA GOVARDHAN RAO [LAWS(APH)-2017-12-19] [REFERRED TO]
SOGRA BEGUM VS. GHOUSIA BEGUM [LAWS(APH)-2017-7-25] [REFERRED TO]
ANIL CHANDRA NATH VS. ALIUL ISLAM [LAWS(GAU)-2008-9-48] [REFERRED TO]
LAKSHMI VS. PERUMAL [LAWS(MAD)-2009-3-43] [REFERRED TO]
BALANAGESWARI ALIAS POONGODI VS. EXECUTIVE OFFICER ARULMIGU BADRAKALIAMMAN KOIL ANTHIYUR BHAVANI TALUK [LAWS(MAD)-2009-3-127] [REFERRED TO]
BIMAL KARAK VS. BIDYUT KUMAR LASKAR [LAWS(JHAR)-2021-8-29] [REFERRED TO]
RAMESH DUGGAL VS. PT. RAM SHANKER MISHRA TRUST CHIEF OFFICE [LAWS(ALL)-2023-5-114] [REFERRED TO]
BHUPENDRA SINGH VS. PRAKASH CHAND [LAWS(MPH)-2019-8-47] [REFERRED TO]
VIDYABAI VS. PADMALATHA [LAWS(SC)-2008-12-15] [REFERRED TO]
ANUP KUMAR VS. NARAIN PRASAD [LAWS(PAT)-2011-9-133] [REFERRED TO]
SURINDER MOHAN VS. RAJ KUMAR MEHRA & ANR [LAWS(HPH)-2018-3-166] [REFERRED TO]
DEVMANI VS. KHEM RAJ & ORS [LAWS(HPH)-2018-9-144] [REFERRED TO]
GOPALDUTT MISHRA VS. ANAND SINGH [LAWS(RAJ)-2022-9-206] [REFERRED TO]
GURBAX KAUR AND ANOTHER VS. BACHAN SINGH AND OTHERS [LAWS(P&H)-2017-2-222] [REFERRED TO]
DHARAM CHAND VS. HARBHAJAN SINGH AND OTHERS [LAWS(P&H)-2018-2-236] [REFERRED TO]
BHARAT BHUSHAN VS. JATINDER KAUR [LAWS(P&H)-2019-4-170] [REFERRED TO]
C.R. UMAPATHY VS. D. SATHYANARAYANA CHETTIAR [LAWS(MAD)-2014-11-7] [REFERRED TO]
SARASWATI IRON STORE VS. DEWAN CHAND DHANPAT RAI BHATIA MILL [LAWS(P&H)-2019-9-327] [REFERRED TO]
SARASWATI IRON STORE VS. DEWAN CHAND DHANPAT RAI BHATIA MILL [LAWS(P&H)-2019-9-327] [REFERRED TO]
HIND KUMAR KOHALI VS. STATE OF M.P. [LAWS(MPH)-2018-9-31] [REFERRED TO]
NAND LAL BAJAJ VS. OM PARKASH AND ORS. [LAWS(P&H)-2011-3-480] [REFERRED TO]
SANJEEV BATHLA ASSOCIATES VS. AMITA BANSAL [LAWS(P&H)-2014-12-353] [REFERRED]
RAJEEV SINGLA VS. MANJIT SINGH [LAWS(P&H)-2016-10-111] [REFERRED TO]
MOHD SAJID S/O RAFIQ MIYAN VS. HASINA WD/O ABDUL RASHID [LAWS(BOM)-2018-8-117] [REFERRED TO]
MRS. ADARSH KAUR GILL VS. SMT. SURJIT KAUR GILL AND ORS. [LAWS(DLH)-2010-1-388] [REFERRED TO]
ROHIT A. KAPADIA VS. PERVIZ J. MODI [LAWS(BOM)-2013-3-99] [REFERRED TO]
RAJARAM NAIK VS. THE STATE OF GOA AND ORS. [LAWS(BOM)-2015-8-153] [REFERRED TO]
KANDHASAMY VS. VIRUTHAMBAI [LAWS(MAD)-2011-8-223] [REFERRED TO]
PAWAN KUMAR GUPTA & ANOTHER VS. MOHD. SHAKIR & ANOTHER [LAWS(ALL)-2014-11-413] [REFERRED]
SAGWA SINGH TYAGI VS. ADDITIONAL DISTRICT JUDGE, AND 6 OTHERS [LAWS(ALL)-2014-11-424] [REFERRED]
MADAN LAL VS. PRESCRIBED AUTHORITY/CIVIL JUDGE(SR. DIV.), KANPUR AND ANR. [LAWS(ALL)-2012-11-214] [REFERRED TO]
KAILASH NATH VS. XTH ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2013-1-195] [REFERRED TO]
PRASHANT NARULA VS. MCD [LAWS(DLH)-2012-8-169] [REFERRED TO]
CHANDRA PRABHA VS. SATISH C SHARMA [LAWS(DLH)-2014-3-179] [REFERRED TO]
SUMITRA PARASHAR VS. RAJ RANI [LAWS(DLH)-2014-7-9] [REFERRED TO]
KAILASH KUMAR VS. GANESH KUMAR [LAWS(GAU)-2019-1-97] [REFERRED TO]
UCO BANK VS. SATYENDRA PRAKASH ATRI [LAWS(ALL)-2015-5-375] [REFERRED TO]
CHANAM NINGOL AHONGSHANGBAM ONGBI LOIDANG DEVI VS. R K TAMPHASANA SINGH [LAWS(MANIP)-2018-2-10] [REFERRED TO]
SENJAM DINAMANI SINGH VS. NANDEIBAM BABU SINGH [LAWS(MANIP)-2013-8-14] [REFERRED TO]
J.A. CONSTRUCTION VS. SARDAR KULDEEP SINGH [LAWS(ALL)-2019-12-291] [REFERRED TO]
FIROZ UDDIN VS. ANWAR UDDIN [LAWS(ALL)-2023-5-113] [REFERRED TO]
SAVITABEN KURJIBHAI PATEL VS. JINABHAI GOKALBHAI RAIYANI [LAWS(GJH)-2008-10-200] [REFERRED TO]
MOHAN DAS VS. IRA MUKHERJEE & ANR [LAWS(CAL)-2017-6-106] [REFERRED TO]
ALOKE RANJAN ROY VS. TAPAN KUMAR GHOSH [LAWS(CAL)-2014-9-81] [REFERRED TO]
DR. JOSEPH RABINDRANATH PAIS VS. MR. DEREK ALOYSIUS SUNIL KUMAR PAIS PRABHU AND OTHERS [LAWS(KAR)-2018-4-456] [REFERRED TO]
NALINI MISHRA, WIFE OF LATE SHAILENDRA KUMAR MISHRA VS. BRAJ KISHORE MISHRA SON OF LATE BHOLA NATH MISHRA [LAWS(PAT)-2010-3-279] [REFERRED TO]
SUKADEV ROUT VS. ABALI BEWA [LAWS(ORI)-2007-3-10] [REFERRED TO]
M/S. RAJA PUSHPA PROPERTIES PVT LTD & ANR VS. B. VENKATAMMA [LAWS(TLNG)-2020-3-22] [REFERRED TO]
MAHENDRA SINGH GEHLOT VS. GOPAL ARORA [LAWS(RAJ)-2008-6-4] [REFERRED TO]
PONNUSAMY (DIED) SETTU VS. ARUMUGAM(DIED) [LAWS(MAD)-2019-8-210] [REFERRED TO]
VINOD KUMAR AND ORS. VS. CHIMAN LAL AND ORS. [LAWS(P&H)-2014-8-254] [REFERRED TO]
RAJENDRA DIXIT VS. STATE OF M P [LAWS(MPH)-2013-10-178] [REFERRED TO]
KANIYALAL CHASNDULAL GANESHWALA VS. ZUBEDABIBI GULAM AHMED [LAWS(GJH)-2008-12-2] [REFERRED TO]
BATTA PROVISIONS STORE VS. DARBARI LAL DIED [LAWS(P&H)-2022-5-289] [REFERRED TO]
MAN SINGH CHAUHAN VS. BHANWAR SINGH [LAWS(P&H)-2024-11-1] [REFERRED TO]
CONCEPTION FERNANDES VS. TASNEEM SHAIKH [LAWS(BOM)-2014-4-248] [REFERRED TO]
MAHADEO S/O MARUTI BHANJE VS. BALAJI S/O SHIVAJI PATHADE [LAWS(BOM)-2012-9-1] [REFERRED TO]
MAHADEO S/O MARUTI BHANJE VS. BALAJI S/O SHIVAJI PATHADE [LAWS(BOM)-2012-9-1] [REFERRED TO]
JAYASHREE SUBHASH KALBANDE VS. BHAURAO NAGORAO DERKAR [LAWS(BOM)-2014-2-149] [REFERRED TO]
KINKAR BHUSAN ROY VS. GOPAL CHANDRA MONDAL [LAWS(CAL)-2009-2-63] [REFERRED TO]
SHYAM SUNDAR KAYAL VS. MIST VALLEY VINIMOY PVT LTD [LAWS(CAL)-2010-1-18] [REFERRED TO]
SURAJ PRAKASH VS. WAQF KHUDABAND TALA MAUSOOMA [LAWS(ALL)-2012-10-86] [REFERRED TO]
DARSHAN KUMAR WAHI VS. SMT. SNEH KUTHIALA [LAWS(HPH)-2011-6-78] [REFERRED TO]
GAYATRI ADAK VS. SOVAN BANERJEE [LAWS(CAL)-2022-11-84] [REFERRED TO]
GHANASHYAM DAS SHAH VS. BENGAL BONDED WAREHOUSE ASSOCIATION [LAWS(CAL)-2014-1-2] [REFERRED TO]
HARPAL SINGH DHILLON VS. DISTRICT JUDGE [LAWS(ALL)-2019-11-433] [REFERRED TO]
ANANT RAM VS. HANS RAJ AND ORS. [LAWS(P&H)-2011-3-803] [REFERRED TO]
KULJIT SINGH VS. SUKHDEV SINGH [LAWS(P&H)-2009-3-103] [REFERRED TO]
MOIRANGTHEM YAIMA SINGH VS. LAISHRAM ROMA DEVI [LAWS(MANIP)-2015-5-17] [REFERRED TO]
ABEDA IQBAL PATEL VS. CORMORANT INVESTMENT PVT LTD [LAWS(BOM)-2008-12-83] [REFERRED TO]
SHAILESHKUMAR NATHALAL MODH VS. CHAUDHARY TAKAHATBEN KESHARBHAI [LAWS(GJH)-2014-10-26] [REFERRED TO]
KOTHANDAM VS. MURUGESAN [LAWS(MAD)-2009-1-24] [REFERRED TO]
ELANGO VS. RAJENDIRAN [LAWS(MAD)-2009-2-85] [REFERRED TO]
AMIT GUPTA VS. GULAB CHANDRA KANODIA [LAWS(ALL)-2021-11-104] [REFERRED TO]
B K AGGARWAL AND ANOTHER VS. AVINASH GROVER AND OTHERS [LAWS(P&H)-2014-12-359] [REFERRED]
DAMODAR VS. PRADEEP KUMAR [LAWS(MPH)-2013-10-200] [REFERRED]
ATUL KUMAR AND OTHERS VS. RISHI PAL AND ANOTHER [LAWS(P&H)-2014-12-263] [REFERRED]
P. SIVAN VS. P. SHANTHA [LAWS(CAL)-2019-1-192] [REFERRED TO]
BIJITH INTERNATIONAL BUILDERS VS. DIAS VARGHESE C. AND ORS. [LAWS(KAR)-2016-1-24] [REFERRED TO]
DYAMAVVA SHIVANANDAPPA BANAKAR AND ORS VS. GURUSHANTAPPA UJJAPPA MALAGIMANI AND ORS [LAWS(KAR)-2013-9-534] [REFERRED]
VIJAY KUMAR VS. ASHOK KUMAR VERMA [LAWS(CHH)-2022-5-97] [REFERRED TO]
VISHAL NITINKUMAR KONDHIA VS. JAHNVI VISHAL KONDHIA [LAWS(BOM)-2018-1-100] [REFERRED TO]
DABBARA SUJATHA VS. MADINENI RAMANNA [LAWS(APH)-2016-10-50] [REFERRED TO]
V L KALIANNAN VS. JAGADAMBAL [LAWS(MAD)-2012-6-234] [REFERRED TO]
PRISM CEMENT LTD. VS. UDAYAN LAL AND ANR. [LAWS(DLH)-2013-1-438] [REFERRED TO]
RAMJI VISHWAKARMA VS. MANUPA DEVI [LAWS(ALL)-2012-11-114] [REFERRED TO]
SHRI GURMAIL CHAND AND ANOTHER VS. SHRI YOG RAJ [LAWS(HPH)-2013-6-189] [REFERRED]
CHETAN DAYAL VS. ARUNA MALHOTRA [LAWS(DLH)-2020-7-1] [REFERRED TO]
SUBASH GUPTA VS. YADAP NEPAL [LAWS(SIK)-2017-9-6] [REFERRED TO]
DHARAMSINGH SARDAESINGH CHABADA VS. PRITAMSINGH SARDARSINGH CHABADA [LAWS(BOM)-2007-4-113] [REFERRED TO]
BAHAR MURTAZA FAZAL ALI VS. ROHINI WAHI ALIAS ROOHANI [LAWS(HPH)-2019-5-104] [REFERRED TO]
K.B. SHARMA VS. KEERTI KARAN DHARNI [LAWS(P&H)-2009-8-114] [REFERRED TO]
LALIT RAMDHAN VS. GANPATI VISWAS [LAWS(RAJ)-2019-3-32] [REFERRED TO]
WALCHANDNAGAR INDUSTRIES LIMITED VS. INDRAPRASTHA DEVELOPERS [LAWS(BOM)-2013-9-144] [REFERRED TO]
PREM CHAND VS. SUBHASH CHAND SAINI [LAWS(DLH)-2008-5-242] [REFERRED TO]
SARABJIT KAUR VS. JOGINDER SINGH BAMRA AND ORS. [LAWS(P&H)-2016-1-204] [REFERRED TO]
MADAN LAL VS. NARENDRA KUMAR [LAWS(RAJ)-2009-10-145] [REFERRED TO]
YOGENDRA BAHADUR SINGH VS. SURENDRA BAHADUR SINGH [LAWS(PAT)-2024-1-111] [REFERRED TO]
OM PAL SINGH VS. RAJESH KUMAR KAURA [LAWS(UTN)-2019-12-83] [REFERRED TO]
PARVINDER SINGH @ PINDA AND OTHERS VS. DIDAR SINGH [LAWS(P&H)-2018-7-130] [REFERRED TO]
BALBIR SINGH VS. HARMANJEET SINGH [LAWS(P&H)-2019-11-68] [REFERRED TO]
RAJA PUSHPA PROPERTIES PVT. LTD. VS. B.VENKATAMMA [LAWS(TLNG)-2020-3-45] [REFERRED TO]
NAN VS. ZAMINDAR [LAWS(ALL)-1954-1-16] [REFERRED TO]
CHEDI VS. SONA BAI [LAWS(MPH)-2013-10-177] [REFERRED TO]
HEMRAJ AGARWAL VS. BHARTI [LAWS(CHH)-2008-2-26] [REFERRED TO]
SHANTI LAL BAGRECHA VS. MOTI LAL [LAWS(RAJ)-2008-5-25] [REFERRED TO]
KICHHA SUGAR COMPANY LIMITED (UNDERTAKING OF THE GOVERNMENT OF UTTARANCHAL) THROUGH ITS EXECUTIVE DIRECTOR SHRI A.S. HAYANKI VS. ORIENTAL GASES THROUGH ITS PROPRIETOR MR. SUNIL AGARWAL [LAWS(UTN)-2007-3-66] [REFERRED TO]
RADHAKANTA JUADI VS. STATE OF ORISSA [LAWS(ORI)-2010-9-30] [REFERRED TO]
RAM BAKSH BAHRI VS. TIRATH SINGH [LAWS(P&H)-2019-2-70] [REFERRED TO]
SATNAM SINGH VS. KULDIP SINGH [LAWS(P&H)-2023-7-49] [REFERRED TO]
GOBIND GUPTA VS. RITU CHOPRA [LAWS(P&H)-2017-3-116] [REFERRED TO]
VINAYAKA HOUSE BUILDING CO-OPERATIVE SOCIETY VS. CHIKKA THIMMAIAH AND ORS. [LAWS(KAR)-2015-4-366] [REFERRED TO]
LAKSHMI NARASAMMA VS. MANGALA GOWRINAG AND ORS. [LAWS(KAR)-2015-3-155] [REFERRED TO]
SWARNALATHA K VS. KARNATAKA STATE INDUSTRIAL INVESTMENT & DEVELOPMENT CORPORATION LIMITED AND ORS [LAWS(KAR)-2013-4-282] [REFERRED]
EMACULATE CONCEPTION VS. DIRECTOR GENERAL [LAWS(KAR)-2008-11-58] [REFERRED TO]
BODUGU GURARAVIAH AND ORS VS. VIPPRAPALI SAIRAM [LAWS(APH)-2018-3-36] [REFERRED TO]
BOLO RAM PAUL VS. DIGENDRA DUTTA [LAWS(GAU)-2008-8-62] [REFERRED TO]
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JUDGEMENT

A.R.Lakshmanan, J. - (1.)LEAVE granted.
(2.)THE above appeal is directed against the final judgment and order dated 09.03.2006 passed by the Gujarat High Court rejecting the Special Civil Application No. 1380 of 2006 discharging the Rule issued thereon and vacating interim relief and rejecting the Civil Application No. 2213 of 2006 for interim relief. By the said special civil application, the appellants challenged the order dated 24.01.2006 of the Second Additional Senior Judge, Nadiad rejecting their application Exh. 95 in Special Civil Suit No. 156 of 2002 for leave to amend their written statement on the ground that the appellants had not been able to show in context or the proviso to Order VI Rule 17 of CPC that before the commencement of the trial, the appellants should not have raised the matter in spite of due diligence.
Concise facts and events: The respondents filed Civil Suit No. 144 of 2002 in the Court of Civil Judge at Bhavnagar against the present appellants, inter alia, seeking a declaration that in view of the Resolution passed in the meeting held on 11.05.2002, Defendant No.1 (appellant No.1 herein) having ceased to be the Acharya of the Vadtal Gaadi, is not entitled, by himself or through defendant No.2 (Present appellant No.2) or supporters from enjoying any of the privileges or rights in respect of Vadtal Gaadi and at any of the principal temples or Hari temples including the temples falling under the Vadtal Gaadi at Vadtal, Gadhada and Junagadh as well as within any of the Trust property and to further declare that the appellants/defendants have no right to nominate their successors as Acharya of the Gaadi. In the above -referred Suit, the appellant submitted an application contending that the Court at Bhavnagar has no jurisdiction.

The said application was dismissed by the Civil Court. The appellants preferred civil revision application in the High Court challenging the jurisdiction of the Bhavnagar Court. To resolve the dispute between the parties, more particularly between the Board and Acharya, Hon'ble Mr. Justice S.D.Dave (retired) was appointed as Arbitrator/Conciliator, whose appointment was accepted by all the parties. The High Court of Gujarat disposed of the Appeal from Order No. 284 of 2002 and Civil Revision Application No. 650 of 2002 and vacated the stay of the order dated 02.07.2002 of the trial Court. Thereupon, the respondents herein withdrew the Civil Suit No. 144 of 2002 from Bhavnagar Court and the said suit was presented in the Court of Civil Judge, Ahmedabad (Rural), where it was numbered as Special Civil Suit No. 190 of 2002. The said suit was subsequently withdrawn and the plaint was again presented in the Court of Civil Judge at Nadiad which was numbered as Special Civil Suit No. 156 of 2002. The respondents/plaintiffs filed application for amendment of the plaint of Special Civil Application No. 156 of 2002 and also produced further documents vide list Ex. 25. The trial Court granted amendment of the plaint and further dismissed the application of the appellants objecting the jurisdiction of the Court.

(3.)THE appellants preferred appeal to the High Court challenging the above order. THE High Court admitted the appeal and finally dismissed the application for stay and directed the appeal to be placed for final hearing. On 31.01.2003, the new Acharya was appointed by the Committee constituted pursuant to the Resolution dated 15.05.2002. THE appellants preferred special leave petition No. 3351 of 2003 before this Court challenging the order of the High Court. This Court modified the order of the High Court and requested Chief Justice of the Gujarat High Court to ensure that hearing and disposal of the appeal takes place as expeditiously as possible as according to this Court an important question was required to be decided in the matter. THE High Court dismissed the appeal from Order No. 421 of 2002. SLP No. 1538 (Civil Appeal No. 3380) was preferred by the appellant No.1 before this Court against the above referred judgment of the High Court. THE said appeal was decided and the matter was remanded back to the High Court, inter alia, observed that:
"THE dispute centers around the question as to whether the removal of Ajendraprasad Narejdraprasad Pandey from the post of Acharya on the basis of a purported Resolution dated 11.5.2000 passed by a body calling itself as Satsang Mahasabha was valid. Intimately linked to this issue is the legality of the action taken to istall Rakeshprasadji Mahendraprasadji". it is to be noted that legality of the appointment of Rakeshprasadji as Acharya was questioned. So, as noted above, the basis revolves around the question of legality of the decision taken to remove Ajendraprasadji and legality of appointment of Rakeshprasadji". it is needless to note that while deciding the issue of injunction, the Courts have to consider three cumulative factors, viz. prima facie case, balance of convenience and irreparable loss. Definite findings are to be given on these aspects, on a prima facie basis."

The High Court dismissed the appeal from order No. 421 of 2002 holding that the injunction is running since long against the appellants and that points which have been raised can be raised before the trial Court. The appellants moved application for amendment on 24.11.2005 in the written submissions in Special Civil Suit No. 156 of 2002, application Ex.95 before the trial Court. This Court dismissed the special leave petition No. 26472 of 2005 summarily and directed the trial Court to proceed with the matter preferably on day -to -day basis. Civil Judge dismissed the amendment application of the appellants on the ground that the trial has commenced and the appellants were not due diligent in preferring the amendment application. The appellants preferred Special Civil Application No. 1380 of 2006 in the High Court against the order passed by the trial Court below in Special Civil Suit No. 156 of 2002. The High Court dismissed the Special Civil Application No. 1380 of 2006, inter alia, on the ground that the jurisdiction under Article 226 of the Constitution of India is limited. Against the said judgment, the appellants preferred this appeal by way of Special Leave Petition.We heard Mr. S.B.Vakil, learned senior counsel for the appellants and Mr. K. Parasaran, learned senior counsel for R1 and Mr. Ashok H. Desai, learned senior counsel for R2. Mr. S.B.Vakil, learned senior counsel took us through the pleadings, various earlier proceedings/orders passed by the trial Court, High Court and of this Court and made elaborate submissions with reference to the pleadings and rulings of this Court.



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