Gujarat High Court
Narharibhai Jethabhai Suthar vs Legal Heirs Of Late Jashodaben Ambalal ... on 19 September, 2025
NEUTRAL CITATION
C/SA/57/2022 ORDER DATED: 19/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 57 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/SECOND APPEAL NO. 57 of 2022
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NARHARIBHAI JETHABHAI SUTHAR
Versus
LEGAL HEIRS OF LATE JASHODABEN AMBALAL SUTHAR & ORS.
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Appearance:
MR. SAHIL M SHAH(6318) for the Appellant(s) No. 1
MR MAULIK N SHAH(5280) for the Respondent(s) No. 10,11
MR NK MAJMUDAR(430) for the Respondent(s) No. 6
RULE SERVED for the Respondent(s) No.
1.1,12,1.2,13,1.3,1.4,2.1,2.2,2.3,3.1,3.2.1,3.2.2,3.2.3,3.2.4,3.2.5,3.2.6,3.3,4,7,
9
RULE UNSERVED for the Respondent(s) No. 8
UNSERVED EXPIRED (R) for the Respondent(s) No. 5
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 19/09/2025
ORAL ORDER
1. The present Second Appeal is filed challenging the judgment and decree dated 22.1.2020 passed by the Additional District Judge, Himmatnagar in Regular Civil Appeal No.22 of 2010 whereby the judgment and decree dated 30.10.2009 passed by the 2nd Additional Civil Judge, Himmatnagar in Regular Civil Suit no.213 of 2005 has been confirmed.
2. Learned advocates appearing for the respective parties have brought to the notice of this Court that pursuant to the preliminary decree that was drawn on 30.09.2009, the Trial Court has held that in view of the fact that respondent nos.1 to Page 1 of 3 Uploaded by URIL KRISHNAKUMAR RANA(HC01406) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 23:07:25 IST 2025 NEUTRAL CITATION C/SA/57/2022 ORDER DATED: 19/09/2025 undefined 5 being daughters of the Ambalal Suthar had already relinquished their rights with respect to the suit property and therefore, the Trial Court had modified the preliminary decree by order dated 30.10.2009, whereby the Trial Court had held that Shantilal Ambalal Suthar i.e. respondent no.6 herein and his brother Jethabhai Ambalal Suthar will have ½ share in the suit property and present appellant and respondent nos.7 to 13 are claiming rights qua ½ share of Jethabhai Ambalal Suthar. Therefore, at the time when the present Second Appeal was filed, the Trial Court and the Appellate Court had adjudicated that the Shantilal Ambalal Suthar and Jethabhai Ambalal Suthar had ½ share in the suit property and learned advocate for the appellant has filed further affidavit whereby it has been stated that a settlement has been arrived at between the respondent no.6 and legal heirs of Jethabhai Ambalal Suthar as Jethabhai Ambalal Suthar has expired and therefore the appellant and respondent nos.7 to 13 have arrived at amicable settlement which has been reduced in the form of affidavit of settlement dated 16.09.2025 and in view of the fact that the Trial Court and the Appellate Court have already held that respondent nos.1 to 5 do not have any right in the suit property, in view of the fact that they have relinquished their rights with respect to the suit property. The said further affidavit is taken on record.
3. Learned advocate for the appellant identifies the signature of Page 2 of 3 Uploaded by URIL KRISHNAKUMAR RANA(HC01406) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 23:07:25 IST 2025 NEUTRAL CITATION C/SA/57/2022 ORDER DATED: 19/09/2025 undefined the appellant, wherein in the said affidavit it has been stated that appellant and respondent no.1 have arrived at an amicable settlement which has been reduced in the form of an affidavit of settlement dated 16.09.2025, and it has been stated that the said settlement is binding to the parties and learned advocates appearing for the respective parties also state that in view of the settlement that has been arrived at which has been recorded before a Notary on 16.09.2025, which is also placed on record, the present Second Appeal be disposed of in terms of the said settlement arrived at on 16.09.2025 and the judgment and decree be modified in terms of the said settlement that has been arrived at on 16.09.2025. Both the parties undertake before this Court to abide by the said settlement that has been arrived at on 16.09.2025. The further affidavit and the settlement deed is taken on record.
4. In view of the same, the present Second Appeal is accordingly disposed of in terms of the settlement deed dated 16.09.2025. In view of the said undertaking, the parties can file appropriate proceedings. In view of the disposal of the main matter, the connected civil application does not survive and the same is accordingly disposed of. Interim relief, if any stands vacated.
(SANJEEV J.THAKER,J) URIL RANA Page 3 of 3 Uploaded by URIL KRISHNAKUMAR RANA(HC01406) on Mon Sep 22 2025 Downloaded on : Mon Sep 22 23:07:25 IST 2025