C/FA/3983/2017 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3983 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
In R/FIRST APPEAL NO. 3983 of 2017
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2018
In R/FIRST APPEAL NO. 3983 of 2017
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FEMIDABANU D/O. MOHAMMED HANIF AND W/O ISHAK
YAKUBBHAI BAGABAN
Versus
MOHAMMED ISHAQ YAKUBBHAI BAGBAN
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Appearance:
MR GULSHAD G PATHAN(10115) for the Appellant(s) No. 1
MR. EKRAMA H QURESHI(7000) for the Appellant(s) No. 1
AMITKUMAR B PARMAR(8618) for the Defendant(s) No. 1
V B VAGHELA(7646) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 16/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI) 1.0. By way of present appeal under Section 19 of the Family Court's Act r/w Section 96 of the Code of Civil Procedure, appellant- original plaintiff has challenged the judgment and order passed by the Family Court No.1 in Family Suit No.1287 of 2011 dated 14.11.2017. The said suit was filed by the present appellant against her husband for seeking permanent injunction restraining him as well as his relatives, servants, agents and power of attorney from taking possession of the suit property.
Page 1 of 3 Downloaded on : Fri Feb 17 20:57:13 IST 2023C/FA/3983/2017 ORDER DATED: 16/02/2023 2.0. In response to the notice issued by this Court, respondent has appeared through learned advocate.
3.0. Today, when the matter is called out, an affidavit has been filed by the appellant, which reads thus:
"I Femida Banu D/o Mohammed Hanif W/o Ishak Yakubbhai Bagaban, appellant herein Aged About- 53 years, Religious- Muslim, Residence at -8, Jannat Flat, Tangarwad Pagathiya Same, Jamalpur, Ahmedabad do hereby on solemn affirmation state as under:
1. That I am filing the present affidavit in the captioned First Appeal which is listed at Sr No.41 today.
2. That I have been informed by my learned advocate to remain present before the Hon'ble Court today and accordingly I am present.
3. That by way of this affidavit I respectfully submit that I do not want to continue with the present First Appeal as the matter is now settled and the premises which is the subject matter of the present appeal is now already transferred in my name. Therefore, the First Appeal No.3983 of 2017 preferred by me may kindly be permitted to be withdrawn.
What is stated hereinabove in para 1 to 3 is true to the best of my knowledge, information and belief and I believe the same to be true."
4.0. Appellant is present in the Court and appellant has been identified by Mr. Gulshad G Pathan, learned advocate who appears for learned advocate Mr. Ekrama Quresh. On query put forth by the Court, the author of the affidavit i.e. appellant Femida Banu D/o Mohammed Hanif w/o Ishak Yakubbhai Bagaban has stated that she has been explained the affidavit in the Gujarati Language, with which, she is familiar. She states that the matter has been settled between appellant and respondent. In view of the settlement, she does not want to Page 2 of 3 Downloaded on : Fri Feb 17 20:57:13 IST 2023 C/FA/3983/2017 ORDER DATED: 16/02/2023 proceed further with the appeal. Accordingly, appeal stands dismissed as not pressed. Notice discharged. In view of dismissal of appeal, connected Civil Applications also stand dismissed.
(A.J.DESAI, J) (NISHA M. THAKORE,J) KAUSHIK J. RATHOD Page 3 of 3 Downloaded on : Fri Feb 17 20:57:13 IST 2023