VIJAY JAYANTILAL PATEL vs SHRI HARI ASHRAM (THROUGH ITS TRUSTEES)

Judgment text excerpt

k 1/28 3 ia 4436.25 in s os.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4436 OF 2025 IN SUIT NO.13 OF 2025 Vijay Jayantilal Patel ....Applicant IN THE MATTER BETWEEN Shri Hari Ashram (through its Trustees) ....Plaintiff V/S Vijay Jayantilal Patel & Anr. ....Defendants _________ Mr. Chetan Kapadia, Senior Advocate with Mr. Rohaan Cama, Mr. Nagendra Dube and Mr. Yash Oza i/b M/s. Lexi Conveniences for Defendant No.1 and for Applicant in IA 4436 of 2025. Mr. Sharan Jagtiani, Senior Advocate with Mr. Karl Tamboly, Mr. Aaman Kecharia, Mr. Aadil Parsurampuria, Mr. Gaurav Srivastav, Ms. Manorama Mohanty and Mr. Hitanshu Jain i/b M/s. S.K. Srivastav & Co. for the Plaintiff. __________ CORAM : SANDEEP V. MARNE, J. DATE : 3 OCTOBER 2025. JUDGMENT: 1. This Interim Application is filed by Defendant No.1 seeking rejection of Plaint under Order VII, Rule 11(d) of the Code of Civil Digitally Procedure, 1908 (the Code). signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2025.10.06 19:54:23 +0530 2. Shri Hari Ashram is a Public Charitable Trust registered under the provisions of Bombay Public Trusts Act, 1950, (BPT Act) as it applies to the State of Gujarat. The Suit is filed by the Trustees on behalf of the Trust. By Indenture of Lease dated 10 September 1962, Jai Hind katkam Page No. 1 of 28 k 2/28 3 ia 4436.25 in s os.doc Co-operative Housing Society Ltd. (Society) granted lease of plot No.6 admeasuring 669.80 square meters bearing City Survey No.580 and being part of land bearing Survey No.70 of Juhu in Juhu Vile Parle Development Scheme, Mumbai Sub-urban District (the plot) for a term of 999 years with effect from 14 March 1962 in favour of Mr. Lalbhai Purushottamdas Shah and others. By Indenture of