Gujarat High Court
Pravinbhai Jinabhai Korat vs Manchhaben Nanjibhai Vekariya on 8 December, 2021
Bench: A.G.Uraizee
C/FA/1281/2019 ORDER DATED: 08/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1281 of 2019
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PRAVINBHAI JINABHAI KORAT
Versus
MANCHHABEN NANJIBHAI VEKARIYA
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Appearance:
MR NISHANT LALAKIYA(5511) for the Appellant(s) No. 1,2
DHWANI P LAKHANI(8222) for the Defendant(s) No. 6
MR PM LAKHANI(1326) for the Defendant(s) No. 6
MR PRAVIN GONDALIYA(1974) for the Defendant(s) No. 2,3
MRS R P LAKHANI(3811) for the Defendant(s) No. 6
RULE SERVED(64) for the Defendant(s) No. 1,5,7
RULE UNSERVED(68) for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 08/12/2021
ORAL ORDER
1. Heard Mr. Nishant Lalakiya, learned advocate for the
appellant, Mr. Pravin Gondaliya, learned advocate for
respondent Nos. 2 & 3 and Mr. P.M. Lakhani, learned advocate
for respondent No.6.
2. Mr. Lalakiya, learned advocate for the appellants submits
that the appellants original defendant Nos. 4 & 5 have entered
into an agreement of settlement with the contesting opponents
Nos. 2 & 3 (original Plaintiff Nos.2 & 3) vide settlement deed
dated 28.10.2021.
3. Mr. Pravin Gondaliya, learned advocate for respondent
Nos. 2 & 3 confirms that the dispute is settled with the
appellants in terms of settlement deeds.
4. In view of the above, the settlement deed dated
28.10.2021 entered into between the appellants and respondent
Nos. 2 & 3 herein is taken on record.
5. It appears from the settlement deed between the
appellants and respondent Nos.2 & 3 that a settlement has
been arrived at in respect of Revenue Survey No.9 paikee 5
admeasuring 2 Acres and 4 Gunthas, known as "Vidi Vadu" of
village - Pardi, Taluka - Lodhika, District - Rajkot. In view
thereof the impugned judgment and decree dated 11.02.2019
are hereby modified in as much as the findings qua issue
No.2-A are set aside from the judgment and decree dated
C/FA/1281/2019 ORDER DATED: 08/12/2021
11.02.2019. The registered sale deed No.229 dated 10.01.2007
and registered sale deed No.1738 dated 22.02.2008 are hereby
confirmed and declared legal and valid.
6. For the foregoing reasons, the appeal stands partly
allowed. The Registry is, therefore, draw the modified decree
as under:-
"1. Present Suit is hereby partly allowed for agricultural lands
only.
2. So far as the relief of partition of residential house and
mesne profits is concerned, it is hereby rejected.
3. It is hereby declared that the immovable property i.e.
agricultural land bearing revenue Survey No.25/4 admeasuring
H.1-18Are-37Sq. Mts. and Survey No.24/2 admeasuring H.2-05
Are-38 Sq. Mts. situated at village - Pardi, Taluka - Lodhika,
District - Rajkot which is well descried in relief clause para-
11(1) of the plaint are an ancestral property.
4. It is hereby further declared that the Plaintiffs No.2, 3 and
defendants No. 1 & 2 are entitled to get 25% share each (1\4th
Share instead of 1/7th Share) out of the suit ancestral properties
and they are also entitled to get partition of his/her respective
shares as above from the suit ancestral properties.
5. Plaintiffs No.1 & 4 and defendant No.3 are not entitled to
get their share.
6. As the suit property is subject to assess the payment of
revenue to the Government, the District Collector, Rajkot or any
competent personnel subordinate to the Collector (As may be
deputed by the District Collector, Rajkot in his behalf) is hereby
directed to make partition of agricultural land bearing revenue
survey No.25/4 admeasuring H.1-18aRE-37Sq. Mts. and Survey
No.24/2 admeasuring H.2-05 Are-38 Sq. Mts. situated at village
Pardi, Taluka - Lodhika, District - Rajkot by metes and bounds
and hand over and deliver possession of the respective portion
falling to the share of respective party as decided and declared
above, and to submit his report to this Court at an earliest.
C/FA/1281/2019 ORDER DATED: 08/12/2021
7. It is hereby further ordered that till the partition/division
of the above referred suit properties is made and share of the
respective party is separated and possession thereof is delivered
or handed over to the concerned party, by metes and bound the
defendants are hereby restrained by permanent injunction from
transferring, selling, creating any charge or mortgaging gifting
tec. Till effective partition done by Collector.
8. The Registry is hereby directed to send one copy of this
judgment and decree to the District Collector, Rajkot for
information and necessary action.
9. All the two (2) Registered Sale Deeds registered before Sub-
Registrar Gondal Viz.(1) Registered Sale Deed No.230 dated
10.01.2007 and (2) Registered Sale Deed No.231 dated
10.01.2007 are hereby ordered to be cancelled.
10. The Registry of this Court is hereby directed to send one
copy of this Judgment to this Sub-Registrar, Gondal for
intimation and implementation of this order. The Sub-Registrar,
Gondal is hereby directed to treat the entry of above registered
sell deeds as cancelled and delete the said registered sell deeds.
11. The amount of Rs.3,00,000/- lying before this Court as per
order of Hon'ble High Court is hereby ordered to be returned to
Defendant No.1 by an account payee cheque, after due
verification of his identity, along with interest accrued thereon
from time to time, after cancellation above registered sale deeds.
12. No order as to cost."
7. It is clarified that the settlement between the appellants
and respondent Nos.2 & 3 herein and the disposal of this
appeal shall not in any manner affect the merits of First
Appeal No.951/2019 emanating from selfsame judgment and
order of the trial Court filed by the respondent No.2 herein.
(A.G.URAIZEE, J)
Manoj
