Gujarat High Court
Rajen Ramabhai Patel Thro Poa Ramanbhai ... vs Daxaben Sureshbhai Amin on 28 April, 2025
NEUTRAL CITATION
C/SA/87/2008 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 87 of 2008
With
R/SECOND APPEAL NO. 88 of 2008
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RAJEN RAMABHAI PATEL THRO POA RAMANBHAI MANIBHAI
Versus
DAXABEN SURESHBHAI AMIN & ORS.
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Appearance:
MR SHITAL R PATEL(2166) for the Appellant(s) No. 1
MR HM PARIKH(574) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 28/04/2025
ORAL ORDER
ORDER IN SECOND APPEAL NO.88 OF 2008
1. The present Second Appeal has been filed challenging the judgment and decree dated 24.01.2007 passed by the learned 2 nd Additional Senior Civil Judge, Anand, in Special Civil Suit No.123 of 1995 as well as judgment and order dated 05.03.2008 by learned Additional District Judge and Presiding Officer, Fast Track Court No.4, Anand in Regular Civil Appeal No.29 of 2007. The respondent No.1 herein had filed Special Civil Suit No.123 of 1995 and after taking into consideration the oral evidence and documentary evidence and giving finding on all the issues, the trial court by an order Page 1 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 09 2025 Downloaded on : Sat May 10 10:02:33 IST 2025 NEUTRAL CITATION C/SA/87/2008 ORDER DATED: 28/04/2025 undefined dated 24.01.2007 allowed the said suit and declared the sale deed dated 30.04.1990 as null and void. Documents executed by defendant No.1 in favour of defendant No.2 and 3 dated 04.06.1992 were also declared null and void and the defendants were directed not to disturb the possession of the plaintiff. The said order was challenged by way of Regular Civil Appeal No. 28 of 2007 and Regular Civil Appeal No.29 of 2007 which were also dismissed. The learned advocate for the parties have produced the compromise agreement which has been signed by the parties to the present proceedings. The learned advocate for the parties identified the signatures of the parties in the said compromise agreement. Respective appellants and the respondents are also present before the Court and are identified by the learned advocate for the respective parties. It has been stated that in view of the compromise that has been arrived at, it is required that the Judgment and decree passed in Special Civil Suit No. 123 of 1995 and Judgment and decree passed in Regular Civil Appeal No.29 of 2007 is required to be modified in terms of the compromise agreement. Compromise agreement is taken on record.
2. In view of the same, the judgment and decree passed in Special Civil Suit No. 123 of 1995 and Judgment and decree passed in Regular Civil Appeal No.29 of 2007 Page 2 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 09 2025 Downloaded on : Sat May 10 10:02:33 IST 2025 NEUTRAL CITATION C/SA/87/2008 ORDER DATED: 28/04/2025 undefined is modified to the terms of the compromise agreement.
3. In view of the above, present Second Appeal is disposed of as settled.
ORDER IN SECOND APPEAL NO.87 OF 2008
1. In view of the settlement that has been arrived at and which has been recorded in Second Appeal No.88 of 2008, the present Second Appeal becomes infructuous and the learned advocate for the appellant seeks permission to withdraw the present Second Appeal.
2. Permission, as sought for, is granted.
3. The Second Appeal No.87 of 2008 is disposed of as withdrawn.
(SANJEEV J.THAKER,J) MAYA Page 3 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 09 2025 Downloaded on : Sat May 10 10:02:33 IST 2025