Gujarat High Court
C.R. Patel vs Patel Dineshkumar Ambalal Prop. Of Dina ... on 1 July, 2025
NEUTRAL CITATION
C/FA/2563/2006 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2563 of 2006
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C.R. PATEL & ORS.
Versus
PATEL DINESHKUMAR AMBALAL PROP. OF DINA POTATO
SUPPLIERS & ANR.
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Appearance:
MS HETA PANCHAL FOR HL PATEL ADVOCATES(2034) for the
Appellant(s) No. 1,4,5
MR MANAN PANDYA FOR MR SP MAJMUDAR(3456) for the
Appellant(s) No. 1,2,3,4,5,6,7
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 01/07/2025
ORAL ORDER
1. Present appeal is filed by the appellants - original defendants under Section 96 of the Civil Procedure Code against the impugned judgment and decree passed by the learned Principal Senior Civil Judge, Vijapur in Special Civil Suit No. 9 of 2003 whereby the learned Judge has allowed the suit filed by the respondents - original plaintiffs and ordered to pay Rs.15,80,000/- to the plaintiffs and the decree was drawn.
2. Being aggrieved, the appellants have preferred the present appeal. In the interregnum period, criminal proceedings with Page 1 of 2 Uploaded by V.R. PANCHAL(HC00171) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:36:57 IST 2025 NEUTRAL CITATION C/FA/2563/2006 ORDER DATED: 01/07/2025 undefined regard to returning of the cheque for the said amount was filed and the parties have arrived at settlement and the affidavit with regard to the settlement dated 10.02.2025 was filed before this Court. On the basis of the said settlement, execution application and criminal proceedings filed by the otherside were disposed of.
3. In view of the affidavit filed on behalf of the appellants in the present appeal, the Coordinate Bench of this Court on 12.02.2025 issued fresh notice of rule to the respondents, which was served, however, they have chosen not to appear before this Court.
4. In view of the aforesaid facts and circumstances and the affidavit, the present appeal stands disposed of. Record and proceedings be transmitted back to the concerned Court forthwith.
5. Pending civil application, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 2 of 2 Uploaded by V.R. PANCHAL(HC00171) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:36:57 IST 2025