Gujarat High Court
Shabbirali Kasamali Jasani vs Mamta Sanjay Sharma on 5 May, 2025
NEUTRAL CITATION
C/FA/3381/2010 ORDER DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3381 of 2010
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2025
In
R/FIRST APPEAL NO. 3381 of 2010
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SHABBIRALI KASAMALI JASANI & ORS.
Versus
MAMTA SANJAY SHARMA & ANR.
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Appearance:
ADVOCATE NAME DELETED for the Appellant(s) No. 1
MR KARTIKEJ KANOJIYA FOR MR DIGANT M POPAT(5385) for the
Appellant(s) No. 1.1,1.3,2
MR GM AMIN(124) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 05/05/2025
ORAL ORDER
1. This appeal arises from the judgment and decree passed by the learned 2nd Additional Senior Civil Judge, Valsad Camp at Vapi in Special Civil Suit No. 65 of 2007 dated 25.03.2010 by which the learned Civil Judge dismissed the suit filed by the appellants - original plaintiffs.
2. Short facts of the case is that the appellants have filed the said suit for cancellation of registered sale deed executed by plaintiff No.2 in capacity as power of attorney of plaintiff No.1 in favour of the defendants for sale consideration of Rs.10,00,000/- with respect to plot No.37 and 55 of non-agricultural land bearing survey No. 11 - 26 Page 1 of 4 Uploaded by V.R. PANCHAL(HC00171) on Tue May 06 2025 Downloaded on : Wed May 07 02:08:39 IST 2025 NEUTRAL CITATION C/FA/3381/2010 ORDER DATED: 05/05/2025 undefined
- 42/1 situated at Village: Chharvada, Taluka : Pardi, District: Valsad.
3. It appears that during the pendency of the present appeal, appellant No.1 has expired and, therefore, his legal heirs were brought on record as per the order dated 29.08.2022 passed by the Coordinate Bench in Civil Application No.1 of 2021.
4. Learned counsel appearing on behalf of both the sides have jointly submitted that an amicable settlement has been arrived at between the parties outside the Court and they have entered into a settlement deed on certain terms. Learned counsel have submitted that in view of the settlement arrived at between the parties, the present appeal be disposed of.
5. That one of the legal heirs of deceased Shabbirali Kasamali Jasani namely Meghraj Shabbirali Jasani is joined virtually and has confirmed that the settlement has been arrived at between the parties and he has no objection to disposed of the appeal.
6. The settlement has been arrived at between the parties on certain terms. The terms of the settlement deed are as under:-
"Conditions:
(A) We both the parties have decided to do the full and final settlement of outstanding Financial transactions in the impugned property. The cheque of Rs. 7,00,000/- (Seven Lacs) bearing no. 414537, dated 18/04/2007 of S.B.I. Bank, Vapi Industrial Branch, Vapi mentioned by me- the second party in the sale deed was bounched. Therefore, the second party will have to give the cheque of Rs. 9,00,000/-
(Nine Lacs) to the first party against the said cheque. Both the parties have made settlement and it is and will be binding to both the parties.
Page 2 of 4 Uploaded by V.R. PANCHAL(HC00171) on Tue May 06 2025 Downloaded on : Wed May 07 02:08:39 IST 2025NEUTRAL CITATION C/FA/3381/2010 ORDER DATED: 05/05/2025 undefined (B) The second party will have to give the cheque to the first party in three equal parts so that the No. 1 to 3 from the first party get the equal share of that admissible amount. First Party No. 1 to 3 have agreed for the said amount. The details of the cheque by which total amount of Rs.9,00,000/- paid is mentioned below:
1. MerajshabbirAli QasamAli Jasani- Rs. 3,00,000/ Cheque No. 001527 dated:- 27/01/2025 Bank Name:- ICICI Bank, Vapi Silvassa Road, Vapi Branch
2. Sabera Shabbir Ali Jasani - Rs. 3,00,000/-
Cheque No. 001529 dated:- 27/01/2025 Bank Name:- ICICI Bank, Vapi Silvassa Road, Vapi Branch
3. Taskin Jhahansamir Dharsi - Rs. 3,00,000/-
Cheque No. 001528 dated:- 27/01/2025 Bank Name:- ICICI Bank, Vapi Silvassa Road, Vapi Branch (C) It is the responsibility of one side party to withdraw or by settlement or by obtaining order in First Appeal No.3381/2010 pending before the Hon'ble High Court of Gujarat after the aforesaid cheque is deposited in the account of the one side party which is accepted.
Thereafter, the first party will not initiate any legal proceedings in future against the second party regarding the aforesaid property or its consideration or sale deed.
However, if it is found that any Legal proceeding has been initiated, it will be considered as null and void as per the Agreement which is accepted to both the parties.
(D) We, the first party No. 1 to 3, heirs of deceased Shabbir Ali Qasam Ali Jasani, accept the sale deed bearing Sr. No. 3247 done in Pardi Sub-Registrar Office on 20-04-2007.
We are bound to submit the separate declaration if required. We are also bound to make signature in all proceedings regard to the mutation entry or transfer of title of this property. The Sale Deed executed with regard to the aforesaid property is binding to us as well as our heirs. We hereby declare this.
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7. In view of the aforesaid facts and the settlement arrived at between the parties, the present appeal stands dismissed as having become infructuous. Interim relief, if any, shall stand vacated forthwith. Record and proceedings, if any, be transmitted back to the trial Court forthwith.
8. Pending civil application/s shall stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 4 of 4 Uploaded by V.R. PANCHAL(HC00171) on Tue May 06 2025 Downloaded on : Wed May 07 02:08:39 IST 2025