Gujarat High Court
Revaben Wd/O Nathubhai Lalabhai vs Dhansukhbhai Nathubhai Patel on 11 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/1129/2012 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1129 of 2012
With
CIVIL APPLICATION (FOR WITHDRAWAL OF MATTER) NO. 1 of 2024
In R/FIRST APPEAL NO. 1129 of 2012
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REVABEN WD/O NATHUBHAI LALABHAI & ORS.
Versus
DHANSUKHBHAI NATHUBHAI PATEL & ORS.
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Appearance:
MR. SUDHIR NANAVATI, SR. ADVOCATE with MR HARSHADRAY A
DAVE(3461) for the Appellant(s) No. 1,2,3,3.1,3.2,3.3,3.4,3.5,4,5,6
MR JIGAR M PATEL(3841) for the Defendant(s) No. 4,5,6
MR NV GANDHI(1693) for the Defendant(s) No. 7
MR PAWAN A BAROT(6455) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 3
MR. PRAKASH JANI, SR. ADVOCATE with VINAY B VISHEN(7425) for
the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 11/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) ORDER IN FIRST APPEAL NO. 1129 OF 2012
1. The Appeal is preferred against judgment and decree dated 31 st December, 2011 passed by Civil Court, Surat in Special Civil Suit No.183 of 2009, wherein suit has been partly allowed. Operative part of the order is as under:
Page 1 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 02:59:01 IST 2025NEUTRAL CITATION C/FA/1129/2012 ORDER DATED: 11/09/2025 undefined "A permanent injunction is granted to the effect that the plaintiffs who are the owners, power of attorney holders and occupants of the suit property bearing Survey Nos.837, 863, 897 and 244 and the defendants Nos.1 to 6 have no right, share, interest, possession or occupancy in the said land and they do not have any right or authority to transfer the said land by way of sale, mortgage, gift or lease, or to commit any act which would cause obstruction or hindrance to possession, occupancy or use of the plaintiffs. The Will dated 31-03-1997 is held to be void, non est and nullity. Further, the Memorandum of Understanding executed on 03-09-1998 with respect to the same survey numbers, being contrary to law, is also held to be void. Further, the sale-deed executed by the defendants Nos.1 and 2 in favour of the defendants Nos.3 to 6 in pursuance of the said Will dated 31-03-1997 was beyond their authority and they were not the owners of the property as on that date and hence, the said sale-deed, having been executed in contravention of Section 43 of the Bombay Tenancy and Agricultural Lands Act and registered at the office of the Sub-Registrar, Surat on 29-07-2002 under Serial No.4860 in favour of the defendant No.3 as well as the registered sale-deed executed by the defendant No.2 in favour of the defendants Nos.4 and 5 with respect to the land bearing Survey No.244, registered at the office of the Sub-Registrar, Surat under Serial No.83 are held to be void. A copy of this order be sent to the office of the Sub-Registrar, Surat. The claim of the plaintiffs qua the defendant No.7 is dismissed."
2. The appellants before the Court are original plaintiffs and legal heirs of original owner of the land in question. The land bearing Survey Nos.579, 509, 489/p, 897, 863, 837, 244 and 90 situated at Village- Dumas, Taluka-Choryasi of District-Surat.
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3. Respondent No.1 and respondent No.2 are connected with land in question by way of will executed purportedly by Nathubhai; Original land owner, thereby being legate for various Survey Nos. as under:
(1) Dhansukhbhai Nathubhai Patel for Survey Nos.837, 863 and 897 and (2) Sureshbhai Jayantibhai Aahir for Survey No.244.
4. Respondent No.3; Lallubhai Sukhabhai Patel is purchaser of Survey Nos.837, 863 and 897 from Dhansukhbhai Nathubhai Patel, whereas respondent Nos.4, 5 and 6 are purchaser from respondent No.2; Sureshbhai Jayantibhai Aahir, whereas respondent No.7 are banakhat holders from Nathubhai (Original land owner) for Survey Nos.837, 863 and 897.
5. By the impugned judgment and decree, suit came to be allowed qua respondent Nos.1, 2, 3, 4, 5 and 6, whereas suit came to be disallowed qua respondent No.7.
6. When the present Appeal was taken up for joint hearing along with cognate Appeals, learned Senior Advocate for the appellants has indicated to the Court that in so far as respondent No.7 is concerned, settlement has taken place. He has referred to another order passed by the Coordinate Bench in First Appeal No.967 of 2012, which was preferred by respondent No.1 herein, which was also disposed of as withdrawn in view of settlement arrived at and First Appeal being withdrawn. Reference is made to Common Oral Order dated 21-12-2020 passed in First Appeal No.967 of 2012.
7. Learned Senior Advocate has also placed on record basis of settlement, which was arrived at between the same parties in Special Civil Suit No.346 of 2002, which is the part of record in Civil Application Page 3 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 02:59:01 IST 2025 NEUTRAL CITATION C/FA/1129/2012 ORDER DATED: 11/09/2025 undefined No.1 of 2024 and decreed drawn on the basis of such settlement, which carried signatures of parties including respondent No.7 herein and present appellant.
8. Learned Senior Advocate representing respondent No.2 had objected to withdrawal on the ground that some semblance of interest is involved and as subject matter of suit itself involved, both the parcels of land namely Survey No.244 and Survey Nos.837, 863 and 897, legal heirs of parties i.e. respondent No.1 and 2 are also required to be brought on record. In absence of the parties, the appellants may not be permitted to withdraw.
9. The Court has taken into consideration such objection raised. However, present Appeal is only qua dismissal of suit brought by the present appellants against respondent No.7 and subject matter of grievance in so far as respondent No.7 is concerned, is emanating from Banakhat pertaining to Survey Nos.837, 863 and 897 and therefore, may not be really connected with respondent No.2 or respondent Nos.4, 5 and 6, who are predominantly connected with Survey No.244.
10. As the appellants desire to withdraw present Appeal, which is against respondent No.7, the Appeal is permitted to be withdrawn.
11. Accordingly, the Appeal stands disposed of as withdrawn. However, it is observed that such withdrawal is independent of rights, which are asserted by respondent No.2 and respondent Nos.4, 5 and 6 and therefore, such withdrawal will not in any manner affect the rights of respondent No.2 and respondent Nos.4, 5 and 6 or legal heirs in so far as their respective Survey Nos. are concerned.
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ORDER IN CIVIL APPLICATION (FOR WITHDRAWAL OF MATTER) NO.
1 OF 2024 In view of the withdrawal of the main First Appeal No.1129 of 2012, no orders are required to be passed in Civil Application No.1 of 2024. Accordingly, Civil Application No.1 of 2024 stands disposed of.
(A.Y. KOGJE, J) (NSSG,J) PARESH SOMPURA Page 5 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 02:59:01 IST 2025