Gujarat High Court
Naranbhai Savdasbhai Mokariya vs Paschim Gujarat Vij Company Limited ... on 24 February, 2025
NEUTRAL CITATION
C/FA/1879/2010 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1879 of 2010
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NARANBHAI SAVDASBHAI MOKARIYA
Versus
PASCHIM GUJARAT VIJ COMPANY LIMITED THRU ITS DEPUTY ENGINEER
VIDE HONBLE COURTS ORDER DTD 30072024
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Appearance:
MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1
MR CHINMAY M GANDHI(3979) for the Defendant(s) No. 1
MS RUMI M GANDHI(3472) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 24/02/2025
ORAL ORDER
1. Learned advocates appearing for the respective parties have jointly placed on record the order dated 21.12.2024 passed below Exh.1 in execution proceedings being Execution Application No.23 of 2010, whereby the learned Judge has disposed of the execution proceedings on the ground of settlement entered upon between the parties to the proceedings. Learned advocates, therefore, urged this Court that the present appeal arising out of the same impugned judgment and order, which was sought to be executed in the execution proceedings, does not survive.
2. Mr. Nirav C. Thakkar, learned advocate on record for the appellant, seeks permission of this Court for refund of the court fees, which is deposited at the time of registration of first appeal.
3. Considering the submissions made by learned advocates for the Page 1 of 2 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Mon Feb 24 2025 Downloaded on : Mon Feb 24 22:39:37 IST 2025 NEUTRAL CITATION C/FA/1879/2010 ORDER DATED: 24/02/2025 undefined respective parties and noticing the order dated 21.12.2024 passed by learned 3rd Additional Chief Judicial Magistrate, Porbandar in executing proceedings being Execution Application No.23 of 2010, whereby the impugned judgment and order dated 21.12.2009 passed by learned 2nd Additional Senior Civil Judge & Judicial Magistrate First Class, Porbandar in Special Civil Suit No.74 of 2002 was sought to be executed, the parties to the proceedings have entered into the settlement agreement.
4. In view of the settlement agreement entered upon between the parties as recorded by the learned Judge, the present appeal does not survive. Hence, the present appeal stands disposed of, in view of the settlement.
5. Noticing the fact the matter was settled before the Lok Adalat in the execution proceedings, Registry is directed to examine the aforesaid issue and to pass appropriate orders in this regard. The appellant is permitted to apply for refund of the court fees before the Registry of this court.
6. Registry is directed to send back the record and proceedings to the concerned court forthwith.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 2 of 2 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Mon Feb 24 2025 Downloaded on : Mon Feb 24 22:39:37 IST 2025