Gujarat High Court
LPA/309/2026 of THE INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA THROUGH ITS DIRECTOR PRO. TANUJA NESARI Vs MANISH BABULAL GOHIL on 8 May 2026
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
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.
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Appearance:
MR RC KAKKAD(389) for the Appellant(s) No. 1
MR TR MISHRA(483) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/05/2026
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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.
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
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