Gujarat High Court
Indiraben Parsottambhai Patel vs Heirs Of Deceased Chimanbhai Laxmidas on 26 September, 2025
NEUTRAL CITATION
C/FA/558/2012 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 558 of 2012
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INDIRABEN PARSOTTAMBHAI PATEL
Versus
HEIRS OF DECEASED CHIMANBHAI LAXMIDAS & ORS.
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Appearance:
RUSHABH H SHAH(7594) for the Appellant(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the
Defendant(s) No. 3
MR PARTHIV B SHAH(2678) for the Defendant(s) No. 10,8,9
MR SALIL M THAKORE(5821) for the Defendant(s) No. 1,2,4,5
RULE SERVED for the Defendant(s) No. 11,12,13,14,15,6,7
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 26/09/2025
ORAL ORDER
Present appeal is filed by the appellant against the judgment and order dated 30.8.2011 passed by 9th Additional Senior Civil Judge, Vadodara in Special Civil Suit No.278 of 2006 whereby the Court has dismissed the suit filed by the appellant- original plaintiff.
Today, Mr. Rushabh H. Shah, learned counsel for the appellant submits that the parties have amicably settled the dispute outside the Court. He places on record the copy of the settlement agreement between the parties dated 30.4.2025 and other relevant documents, which are taken on record. The said settlement agreement dated 30.4.2025 reads as under:-
"Settlement Agreement Today, on the 30th day of April, 2025, Wednesday, this Permanent Settlement Agreement / Deed of Settlement is executed between:
First Party / Party No. 1 / Disputant: Indiraben Parsottambhai Patel, daughter of Motibhai Laxmidas, aged 72 years, Occupation - Household work, residing at C- 24, Satyanarayan Society, Gorwa, Vadodara. (XXXX XXXX 8293) (Hereinafter referred to in this Agreement/Deed as the First Party or the Disputant, which expression shall, unless repugnant to the context, include herself as well as her heirs, guardians, legal representatives, agents, successors, transferees, assignees, and all those claiming under her.) Page 1 of 6 Uploaded by SURESH SOLANKI(HC00208) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:26:20 IST 2025 NEUTRAL CITATION C/FA/558/2012 ORDER DATED: 26/09/2025 undefined And Second Party / Party No. 2 / Opposite Parties:
1. Suryanarayan alias Sureshbhai Chimanbhai Patel, aged 65 years, Occupation
- Agriculture, (XXXX XXXX 6705)
2. Kishorbhai Chimanbhai Patel, aged 63 years, Occupation Agriculture, (XXXX XXXX 9368)
3. Prabhudas Chimanbhai Patel, aged 61 years, Occupation Agriculture, (XXXX XXXX 7181) (All three residing at Village & Post: Khanpur, Taluka & District: Vadodara.)
4) Heirs of Shri Dahyabhai Chimanbhai Patel 4/1) Dakshaben, daughter of Dahyabhai Patel and wife of Rajubhai Patel, aged 50 years, Occupation - Household work, (XXXX XXXX 3806), residing at C/F-
404, Swastik Complex, Village & Post: Kosad, Taluka: Choriyasi, District: Surat.
4/2) Parulben, daughter of Dahyabhai Patel and wife of Birenkumar Patel, aged 45 years, Occupation - Household work, (XXXX XXXX 3027), residing at 69, Arihant Park, Village & Post: Chavadapura, Jitodiya Road, Taluka & District:
Anand.
4/3) Kundanben, daughter of Dahyabhai Patel and wife of Ghanshyambhai Patel, aged 48 years, Occupation - Service, (PAN No. FSHPP2691J). 4/4) Krupeshbhai Dahyabhai Patel, aged 43 years, Occupation -Service, (Aadhar No. XXXX XXXX 5950).
Party Nos. 4/3 and 4/4 are originally residents of Village & Post: Khanpur, Taluka & District: Vadodara, and presently residing at 2He. 1020, W Kings Hey Apt, 87, Belimarw, New Jersey - 08031-2801, USA.
(Hereinafter, for the purposes of this Agreement/Deed, jointly referred to as the Second Party or the Opposite Parties, which expression shall, unless repugnant to the context, include themselves as well as their heirs, guardians, legal representatives, agents, successors, transferees, assignees, and all those claiming under them.) Therefore, both the Parties, by mutual understanding, enter into this present Permanent Settlement Agreement with respect to the terms of the permanent settlement as under:-
1. I, the First Party / Party No. 1 / Disputant, had filed Special Civil Suit No. 278/2006 in the Hon'ble Court of the Learned Senior Civil Judge, Vadodara. As per the facts of the said suit, after the demise of my relative Revadas Ichchhabhai Patel, the ownership of his lands vested in his son, Laxmidas Revadas Patel. Upon the demise of Laxmidas Revadas Patel on 02/03/1964, his sons, Chimanbhai Laxmidas Patel and Motibhai Laxmidas Patel, became his heirs. Among them, Motibhai Laxmidas Patel was my father, and after his demise on 08/04/1975, I, the Disputant, as his direct legal heir, became entitled to the inherited rights in all lands owned by him. Accordingly, I filed the aforesaid Special Civil Suit No. 278/2006 for partition of my 50% inheritance share and for other consequential reliefs.
2. In respect of the aforesaid Special Civil Suit No. 278/2006 filed by me, the Disputant, the Hon'ble Senior Civil Judge, Vadodara, by order dated Page 2 of 6 Uploaded by SURESH SOLANKI(HC00208) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:26:20 IST 2025 NEUTRAL CITATION C/FA/558/2012 ORDER DATED: 26/09/2025 undefined 30/08/2011, dismissed my suit. Against the said order, I filed First Appeal No. 558/2012 before the Hon'ble High Court of Gujarat, which is presently pending adjudication. In the said suit as well as in the pending appeal, the dispute pertains to my rights, as the heir of my father late Motibhai Laxmidas Patel, over the family lands situated at Village Khanpur, Taluka & District: Vadodara, bearing Block Nos. 97, 99, 114, 123, 143, 146, 176, 177/A, 177/B, 180, and 168, corresponding to old Survey Nos. 151, 153, 166, 168, 182, 210, 213, 250, 255, 262/7, and 245.
3. In the said First Appeal No. 558/2012 before the Hon'ble High Court of Gujarat, the heirs of my paternal uncle, late Chimanbhai Laxmidas Patel, are arrayed as the Opposite Parties. According to my contention, my uncle had unlawfully removed the name of my father from the record of rights in respect of the aforesaid lands, without the knowledge of my father or myself. Upon coming to know of this, I instituted the aforesaid suit to claim my lawful share.
Since the institution of the original suit, some portions of the family lands have been recorded in the name of the Government, and apart from Block No. 114 at Village Khanpur, the Opposite Parties have already sold other parcels of land, thereby causing loss to my lawful rights.
4. During the pendency of my aforesaid First Appeal before the Hon'ble High Court of Gujarat, through the intervention of well wishers of the family, cordial negotiations were held between me, the Disputant, and the Opposite Parties. As a result of such negotiations, for the sake of preserving family harmony, maintaining familial love and affection, and in the larger interest of the family, all parties have arrived at a permanent settlement of all disputes. In the course of the negotiations, the Opposite Parties agreed to divide the land situated at Village Khanpur, Taluka & District: Vadodara, Block No. 114, into five equal shares and to allot 20% of such land to me, the Disputant. However, since I waived all claims over the portions of land that had already been sold and the lands vested in the Government, I demanded 50% share in Block No. 114. After prolonged negotiations and mutual understanding, it was finally agreed that I, the Disputant, shall be allotted 50% of the land situated on the southern side of Block No. 114, abutting the 12-meter road on both sides. For this purpose, Opposite Parties No. 2 and 3 agreed to transfer 15% each from their respective 20% shares in favor of the Disputant.
Accordingly, the agreed shareholding in Block No. 114 is as under:
• Opposite Party No. 2, Shri Kishorebhai Chimanbhai Patel - 5% share. • Opposite Party No. 3, Shri Prabhudas Chimanbhai Patel - 5% share. • Opposite Party No. 1, Shri Suryanarayan alias Sureshbhai Chimanbhai Patel - 20% share.
• Opposite Parties No. 4/1 to 4/4, the heirs of late Dahyabhai Chimanbhai Patel - 20% share.
The detailed distribution of the shares as per this settlement is set out in the table annexed hereto. This writing is executed as a record and memorandum of the aforesaid permanent settlement.
The subject land is situated at Village Khanpur, Taluka & District: Vadodara, Block No. 114, admeasuring 1-51-76 Hectare-Are-Sq. Meters, forming part of T.P. Scheme No. 24/A, Final Plot No. 70, admeasuring 9106 Sq. Meters. The distribution of the shares as settled under this compromise is as under: -Page 3 of 6 Uploaded by SURESH SOLANKI(HC00208) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:26:20 IST 2025
NEUTRAL CITATION C/FA/558/2012 ORDER DATED: 26/09/2025 undefined Name of the Holder Share Area as per the Area as per the 7/12 land record Final Plot Indiraben Parshottambhai 50% 7588 Sq Mtr 4553 Sq Mtr. Patel, Daughter of Motibhai Laxmidas Patel Suryanarayan alias 20% 3035.20 Sq Mtr 1821.20 Sq Mtr Sureshbhai Chimanbhai Patel Kishorebhai Chimanbhai Patel 5% 758.80 Sq Mtr 455.30 Sq Mtr Prabhudas Chimanbhai Patel 5% 758.80 Sq Mtr 455.30 Sq Mtr Heirs of Dahyabhai 20% 3035.20 Sq Mtr 1821.20 Sq Mtr Chimanbhai Patel (4/1 to 4/4)
5. As per the understanding and settlement arrived at between the parties, the disputant has permanently relinquished his objections, rights, and claims in respect of all those lands out of the suit lands which have already been entered into the records of the Government, as well as those lands which have already been dealt with or transferred by the defendants prior to today. It is further clarified that if, in the future, any of the lands taken over by the Government are returned to the defendants, the disputant or his heirs, successors, guardians, or legal representatives shall not raise any kind of right or claim therein. This present settlement agreement has been executed with such clarification, which the disputant accepts and agrees to.
6. Thus, out of the entire land situated at village Khanpur, Taluka and District Vadodara, being Block No. 114 (old Survey Nos. 166 and 168), standing in Khata No. 90, admeasuring Hectare 1-51-76 Sq. Mtrs., which has been included in T.P. Scheme No. 24/A and allotted as Final Plot No. 70 admeasuring 9106 Sq. Mtrs., the co-respondents have decided to allot to the respondent, as permanent ownership and on a permanent basis, the southern 50% portion, i.e., Hectare 0-75-88 Sq. Mtrs. of the said land, and out of the Final Plot, the southern portion admeasuring 4553 Sq. Mtrs., adjoining the 12.00 meter roads on both sides. This portion is shown in red colour in the map annexed hereto, which shall be treated as an integral part of this agreement. Accordingly, as mentioned above, we, the co-respondents, hereby accept and agree that the respondent shall have half (50%) ownership rights in the land of Block No. 114 in village Khanpur, as part of the permanent settlement. Since 50% of the said land has been decided to be allotted to the respondent under this permanent settlement, we, the respondent, declare through this settlement agreement that, in lieu of the ownership rights so received, our hereditary rights in all the other family lands held earlier shall now stand permanently settled and merged into the said 50% ownership rights in Block No. 114 of village Khanpur. Therefore, henceforth, we, the respondent, as heirs of Motibhai Laxmidas Patel, shall not claim any hereditary right, share, or interest in any other family lands, houses, or properties.Similarly, under this agreement and as part of the permanent settlement, in respect of the 50% portion of the land in Block No. 114 of Mojé Khanpur allotted to the respondent, neither the co-respondents, nor their heirs, successors, guardians, or legal representatives shall have any right, share, or claim of any kind. All parties further declare that, under this settlement agreement, the respondent shall have the right to have the said 50% portion of the land in Block No. 114 of Mojé Khanpur transferred in his own name, and to have it separately recorded Page 4 of 6 Uploaded by SURESH SOLANKI(HC00208) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:26:20 IST 2025 NEUTRAL CITATION C/FA/558/2012 ORDER DATED: 26/09/2025 undefined in the revenue records and in the DILR records. The respondent shall also have full rights and authority to use, enjoy, and utilize the said land in any manner he deems fit, including sale, gift, mortgage, or any other transfer, as well as development or construction thereon, without any obstruction, interference, or objection of any kind by us, the co respondents, or by anyone on our behalf.
7. Under the present settlement agreement, it has been decided to allot to the respondent 50% of the entire land of Block No. 114 in Village khanpur, as well as 50% of the land of the final plot due, and since the possession of the land on- site belongs jointly to the family, we are also considered as respondents in the present matter. Therefore, in accordance with the present settlement agreement, as 50% of the aforesaid land was decided to be allotted to the respondent as a part of the ownership rights, from today onwards, the independent and sole possession of the land allotted to the respondent shall be regarded as the respondent's exclusive and independent possession. Consequently, neither we as co-respondents nor anyone on our behalf shall have any right or authority to interfere with, obstruct, or challenge in any manner the independent possession of the land allotted to the respondent in Block No. 114 of village Khanpur, or any part thereof, without the knowledge or consent of the respondent.
8. As per the terms fixed under the present settlement agreement, 50% of the land of Block No. 114 in Village khanpur and 50% of the land of the final plot due opposite to it have been decided to be allotted to the respondent as part of the permanent settlement. However, till date, the said land has been in the name of us, the co-respondents, as heirs of Chimmanbhai Lakshmidas Patel. Accordingly, we, the co respondents, had issued a banakhat (official land record/certificate) on 22/08/2019, bearing reference no. 1176. Now, since it has been decided that 50% of the said land will permanently vest with the respondent as part of the settlement, the implementation of the said banakhat is no longer possible, and we, the co-respondents, shall undertake the necessary actions in this regard. The said banakhat shall not affect the 50% ownership rights allotted to the respondent. Furthermore, if any dispute arises in the future based on the said banakhat, the full responsibility for its resolution shall rest with us, the co-respondents, and we hereby declare the same.
9. We, the co-respondents, hereby declare that apart from the said banakhat, we have not executed any other document, agreement, or transaction regarding the said land. Accordingly, if any person raises any dispute regarding the title of the said land in the future, we, the co-respondents, shall resolve the matter at our own cost.
10. Since, under the present settlement agreement, the parties have reached a permanent settlement regarding all family lands, except for the appeal currently pending in the Gujarat High Court under First Appeal No. 558/2012, in case any other disputes or claims are pending, the parties shall cooperate with each other to ensure that all such disputes and claims are resolved in accordance with the terms of the present settlement agreement.
11. In accordance with the present settlement agreement and the terms fixed herein, the parties shall submit the pending appeal before the Gujarat High Court for settlement and ensure its resolution through the settlement process. All parties have given their consent for the issuance of any orders on the basis of this document.
The above settlement agreement has been read, understood, and considered by Page 5 of 6 Uploaded by SURESH SOLANKI(HC00208) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:26:20 IST 2025 NEUTRAL CITATION C/FA/558/2012 ORDER DATED: 26/09/2025 undefined all parties. It has been executed voluntarily, with full awareness and without any coercion, undue influence, or temptation, and is therefore accepted, approved, and binding on all parties.
Date: 30/04/2025 Place: Vadodara"
In view of the aforesaid facts, since the matter has already been settled between the parties, the present appeal stands disposed of. The parties shall abide by the terms and conditions mentioned in the settlement agreement. Record and proceedings be remitted to the concerned trial Court forthwith. Interim relief, if any, stands vacated. Decree be drawn in terms of the settlement agreement dated 30.04.2025.
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 6 of 6 Uploaded by SURESH SOLANKI(HC00208) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:26:20 IST 2025