Ramsangji Shakraji Thakor vs Hiraben Udaji Solanki Wd/O ...
2021 Latest Caselaw 4979 Guj

             C/SA/67/2017                           ORDER




           IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                     R/SECONDAPPEALNO. 67 of 2017

                                   With
               CIVILAPPLICATION(FORSTAY) NO. 2 of 2017
                                     In
                    R/SECONDAPPEALNO. 67 of 2017
==========================================================
                RAMSANGJISHAKRAJITHAKOR& 2 other(s)
                                  Versus
            HIRABENUDAJISOLANKIWD/OKESHAJIRANCHODJI
==========================================================
Appearance:
MRKV SHELAT(834)for the Appellant(s)No. 1,2,3
MRVISHALC MEHTA(6152)for the Respondent(s)No. 1
==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date: 01/04/2021

                             ORALORDER

Heard learned Advocate Shri K.V Shelat for the appellants and learned Advocate Shri Vishal C. Mehta for the respondent.

2. Learned Advocates jointly submitted that pending the present appeal, the parties to the proceedings being brothers and sisters have resolved the dispute through oral family arrangement and whereas the parties have jointly submitted a withdrawal purshis which is signed by the respondent herein­ original plaintiff as well as the appellant herein­original defendants. The said withdrawal purshis is also endorsed by learned Advocate for the parties. By way of the withdrawal purshis, the respondent herein­original plaintiff seeks leave of

C/SA/67/2017 ORDER

this Court to withdraw the original suit being Regular Civil Suit 67 of 2014 which was decreed by Civil Court, Gandhinagar and whereas in view of the withdrawal purshis and the contents thereof, the said request is granted. The Regular Civil Suit No. 67 of 2014 as well as Regular Civil Appeal No. 8 of 2016 filed before the District Court, Gandhinagar as well as present Second Appeal No. 67 of 2014 do not survive more particularly in view of the withdrawal of Regular Civil Suit by the original plaintiff and, therefore, all the three namely Civil Suit, Civil Appeal as well as First Appeal and Second Appeal are disposed of as the cause does not survive. The withdrawal purshis is directed to be taken on record.

3. Learned Advocate states that the original withdrawal purshis is filed with the Registry. Registry is directed to place on record all the proceedings in this regard.

4. Resultantly, the judgment and decree dated 31.12.2015 passed in Regular Civil Suit No. 67 of 2014 as well as judgment and decree dated 30.1.2017 passed in Regular Civil Appeal No. 8 of 2016 are quashed and set aside.

5. With the above observations and directions the present Second Appeal is disposed of. Consequently, the Civil Application does not survive and stands disposed of.

(NIKHILS. KARIEL,J) MARYVADAKKAN