C/FA/1572/2022 ORDER DATED: 15/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1572 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In
R/FIRST APPEAL NO. 1572 of 2022
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RATANBEN WD/O RAVJIBHAI MOTIBHAI PATEL DIED THROUGH LHR
Versus
HEMALBHAI MANUBHAI PATEL
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Appearance:
DECEASED LITIGANT for the Appellant(s) No. 1,1.1
MR KV SHELAT(834) for the Appellant(s) No. 1.1.1,1.1.2,1.1.3,1.2
for the Defendant(s) No. 5
MR GAURANG K PATEL(2613) for the Defendant(s) No. 3,4
MR VIMAL A PUROHIT(5049) for the Defendant(s) No. 1
MR VINOD M GAMARA(5910) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 15/03/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)
1. By way of this First Appeal, the appellants - original plaintiffs have challenged the legality and validity of the judgment and order dated 04.01.2019 passed by the learned 3 rd Additional Senior Civil Judge, at Gandhinagar in Special Civil Suit No. 122 of 2010.
2. It is the case of the appellants that though sale Page 1 of 5 Downloaded on : Fri Mar 17 20:37:24 IST 2023 C/FA/1572/2022 ORDER DATED: 15/03/2023 consideration was fixed at Rs.1,55,60,000/- in view of the representation made by the intending purchaser Hemalbhai Manubhai Patel, six owners agreed to execute the registered sale deed as per Jantri value of Rs.28,38,000/- and there was a reference in MOU to that effect. The MOU is said to have been executed between Sureshbhai Ravjibhai Patel for himself and as Karta of HUF, Pankajkumar Ravjibhai Patel, Ratnaben Wd/o Ravjibhai Patel, Devilaben Ravjibhai Patel, Urmilaben Ravjibhai Patel and Ranjanben Ravjibhai Patel on one side and Hemalbhai Manubhai Patel being defendant no. 1 - respondent no. 1 on the other side. The said MOU was executed on 28.12.2006. The controversy which has erupted, resulted in filing of the suit in which defendant no. 2 as a third party gave an application for being joined on 18.02.2011 inter alia contending that by registered sale deed dated 18.02.2011, he purchased the property during the pendency of the suit and as such, he was joined as party defendant no. 2. On 07.10.2016, the mother of the appellants Ratnaben wd/o of Ravjibhai died and it is the allegation that on or around that time, plaintiff nos. 1 and 2 being Ranjanben and Urmilaben daughter of Ravjibhai joined Page 2 of 5 Downloaded on : Fri Mar 17 20:37:24 IST 2023 C/FA/1572/2022 ORDER DATED: 15/03/2023 hands and colluded with the defendants and made some secretive transaction to deprive the true information with regard to the death of Ratnaben. Further, in March, 2018 plaintiff nos. 1 and 2 produced documents, but then did not remain present to give the evidence and on behalf of the defendants also, nobody remained present and as such, right to lead evidence was closed and finally the trial court dismissed the suit without any evidence and without true knowledge with regard to death of appellants' mother. The trial court even passed the judgment and decree on 04.01.2019 against plaintiff no. 3 (appellant's mother Ratnaben) who died on 07.10.2016 and as such, the decree being collusive of dismissal of the suit, the present appellants being aggrieved by the same have preferred the present appeal.
3. During the pendency of this appeal, the parties have negotiated as indicated on the previous occasion that there is possibility of settlement between the parties and therefore, after recording such stand, the co-ordinate Bench of this Court on 16.02.2023 was pleased to adjourn the matter to 15.03.2023 and with this background the present appeal has come up for Page 3 of 5 Downloaded on : Fri Mar 17 20:37:24 IST 2023 C/FA/1572/2022 ORDER DATED: 15/03/2023 consideration before this Court. Today, when the matter is taken up for hearing, the learned advocates appearing for the respective parties have jointly submitted that in view of the previous deliberation which has taken place and which has been recorded, settlement has taken place between the parties and the affidavits are filed on behalf of appellant no.1.1.1 - Raginbhai Ravjibhai Patel, appellant no. 1.1.2 - Vidhi Raginbhai Patel as well as appellant no. 1.1.3 - Keyur Raginbhai Patel and also appellant nos. 1.2 - Sureshkumar Ravjibhai Patel. All the appellants have resolved the issue and the grievance between the parties now does not survive and as such, have jointly submitted their respective affidavits indicating that the matter is resolved between the parties and in due deference to such resolution of the dispute, learned advocate appearing on behalf of the appellants under the instructions seeks permission to withdraw the present appeal from this Court as early as possible. One of such affidavit dated 27.02.2023 filed has indicated clearly in paragraph 15, which reads as under :-
"15. I say and submit that, in view of the above facts and circumstances, since settlement is arrived with the respondent no. 5, I abide that, any proceedings pending before this Hon'ble High Court or any other courts shall Page 4 of 5 Downloaded on : Fri Mar 17 20:37:24 IST 2023 C/FA/1572/2022 ORDER DATED: 15/03/2023 withdraw immediately as early as possible. In view of the above, I earnestly request to this Hon'ble High Court to dispose of the FA No. 1572 of 2022 along with Civil Application (For Stay) No. 1 of 2019 in view of the present affidavit."
4. In view of such affidavits which are placed on record, and in view of joint submission of learned advocates appearing on behalf of both the sides, since resolution of the dispute has already taken place, in view of the affidavits, a request is made that appellants may be permitted to withdraw the present appeal.
5. Accordingly, the present appeal stands disposed of as withdrawn. It is however, made clear that the Court has not expressed any opinion on the merits of the case since the appeal is withdrawn on written instructions.
6. Since the main appeal is withdrawn, Civil Application (For Stay) No. 1 of 2019 does not survive for consideration and hence it stands consigned to records.
(ASHUTOSH SHASTRI, J) (NISHA M. THAKORE,J) phalguni Page 5 of 5 Downloaded on : Fri Mar 17 20:37:24 IST 2023