C/MCA/2880/2025 ORDER DATED: 15/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2880 of 2025 In R/FIRST APPEAL/2728/2005 ============================================= SHRI LOKESH V. PATEL PRESIDENT / CHAIRMAN , KAMNATH MAHADEV CHARITABLE TRUST Versus PIYUSH VINAYCHANDRA MEHTA & ORS. ============================================= Appearance: MR RR VAKIL(964) for the Applicant(s) No. 1 MR MRUNAL DHOLARIA AGP for the Opponent(s) No. 1,2,3,4,5,6,7,8,9 ============================================= CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 15/01/2026 ORAL ORDER 1. Present Misc. Civil Application is 6led for the following reliefs:- (A) Your Lordships may be pleased to admit and allow this Civil Application; (B) Your Lordships may be pleased to recall the order dtd. 9/10/2025 by passing appropriate orders and restore the 1st appeal on the %le of Hon’ble Court. (C) Your Lordships would be pleased to restore applicant as Respondent No.6 in place of deleted Respondent No.6. (D) Pending admission hearing and %nal disposal of this MCA Your Lordships would stay operation, execution and implementation of order dtd. 9/10/2025 at Annexure A. (E) Your Lordship would be pleased to delete the name of Respondent No.10 Shri Ashutosh N. Mehta since he belong to the Dasha Gurjar Gyati and in his place p. 2 C/MCA/2880/2025 ORDER DATED: 15/01/2026 present secretary of the trust Shri Jaimin Shah be added as Respondent No.10. (F) Pass such other and further orders as may deem %t in the interest of justice. 2. Heard Mr.R. R. Vakil, learned counsel for the applicant and Mr.Mrunal Dholaria, learned Assistant Government Pleader for the opponent – State Authority. 3. Mr.Vakil, learned counsel for the applicant has submitted the same facts which are narrated in the memo of application and has also submitted that Dasha Gurjar Gyati came in possession of one member of Choksi family, from which, they are claiming that the deity belongs their caste. He has submitted that somewhere in 1965 – 1967, the State of Gujarat gave land to construct the temple near St. Xavier’s High School and in the year 1985 onward the dispute was cropped up between two group of Dasha gurjar Gyati, one led by Vibhas Choksi and one led by Piyush Mehta. He has submitted that due to the dispute Scheme No. 1 of 1989 was moved before the learned Charity Commissioner, whereby the learned Charity Commissioner framed the scheme and kept three members of Dasha Gurjar Gyati as Trustee for three years and eight members of other castes including Brahmin, Baniyas, Swaminarayans, Patels, etc. He has submitted that the said scheme was challenged by group of Piyush Mehta before the City Civil Court, which came to be dismissed and, thereafter, the others have 6led First Appeal No. 2728 of 2005, which was argued the interim relief, however, the same was not granted. He has submitted that when the matter was heard by this Court, there was no representative on behalf of other casts who were managing the temple since last more than 20 years. He has submitted p. 3 C/MCA/2880/2025 ORDER DATED: 15/01/2026 that Piyush Mehta Group 6led an application for joining respondents No. 6 and 7 in order to show that other caste is being represented by respondent No.7, who was belong to Dasha Gurjar Gyati and holding the post of Vice President, respondent No.6 was only person belonging to other casts, who died. He has submitted that on the death of respondent No.6, he cannot be removed but president is required to be replaced but respondent No.7 misrepresented this Court stating that Mahendrabhai Patel has died and, therefore, his name is required to be deleted. 3.1 Mr.Vakil, learned counsel has submitted that though the applicant was necessary party to the proceedings, they have not been joined as party respondent in the proceedings and the applicant has 6led the present application for joining party respondent No.6 in the 6rst appeal, however, without him the present case cannot be proceeded. It is submitted that the scheme prepared by the City Civil Court, Ahmedabad in Civil Misc. Application No. 272 of 2003 pertaining to the Trust is under challenged and hence, the present application is necessary party to the proceedings. 3.2 Mr.Vakil, learned counsel has submitted that the present applicant is required to be restored as respondent No.6 in place of deleted respondent No.6 in the main appeal. He has submitted that the name of original respondent No.10 Ashutosh Mehta is required to be deleted since he belongs to the Dasha Gurjar Gyati and in his place the present secretary of the Trust Shri Jaimin Shah be added as respondent No.10. He has submitted that the order dated 09.10.2025 passed by this Court in the 6rst appeal deserves to be recalled as the parties have mislead the Court and did not state correct facts and, therefore, application deserves to be allowed. Page 3 of 4 C/MCA/2880/2025 ORDER DATED: 15/01/2026 4. Having considered the averments made in the application and the submissions canvassed by the learned counsel for the applicant, it appears that the respondent No.6 was expired during the pendency of the appeal and, therefore, his name was deleted. This Court is opinion that this application is not required to be entertained as the 6rst appeal is disposed of on the basis of the settlement arrived at between the parties, for which an aHdavit was 6led by respondent No. 2 – Mukesh Shantilal Mehta and respondents No.2 and 7 were present before the Court. 5. In view of the above, this Court is of the view that no case is made out to recall the order dated 09.10.2025 passed by this Court in the 6rst appeal and hence, the application being meritless deserves to be dismissed. Accordingly, the present application is dismissed. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL