Taramati D/O Chatrabhujbhai W/O ... vs Ranjanben Arvindbhai Vora ...
2021 Latest Caselaw 7865 Guj

    C/FA/2401/2016                                         JUDGMENT DATED: 06/07/2021
TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI
                                 VORA (DECD.) & 2 other(s)



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 2401 of 2016
                                 With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2016
                                  With
    CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE DR. JUSTICE VINEET KOTHARI

and

HONOURABLE MR. JUSTICE B.N. KARIA

==================================================================

1     Whether Reporters of Local Papers may be allowed to see the               Yes
      judgment ?

2     To be referred to the Reporter or not ?                                   Yes

3     Whether their Lordships wish to see the fair copy of the                  Yes
      judgment ?

4     Whether this case involves a substantial question of law as to            Yes
      the interpretation of the Constitution of India or any order made
      thereunder ?

==================================================================
 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA
                               Versus
           RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)
==================================================================
Appearance:

MR VIMAL PATEL, ADVOCATE
with MR SUREN B PATEL(8420) for the Appellant(s) No. 1

MR. HJ KARATHIYA(7012) for the Defendant(s) No. 2,3
==================================================================

    CORAM:HONOURABLE DR. JUSTICE VINEET KOTHARI
                                 and
          HONOURABLE MR. JUSTICE B.N. KARIA




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     C/FA/2401/2016                                         JUDGMENT DATED: 06/07/2021
TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI
                                 VORA (DECD.) & 2 other(s)

                                 Date : 06/07/2021

                        ORAL JUDGMENT

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

1. In the present First Appeal filed by Smt. Taramati D/o

Chatrabhujbhai and W/o Kantilal Harakhchand Vora vs. Ranjanben

Arvindbhai Vora and Others, looking to the nature of dispute and

close blood relationship between the parties, at the suggestion of the

Court, both the parties and learned counsels fairly agreed that the

dispute can be resolved through mediation process.

2. Instead of referring the matter to the Mediation Centre

attached with this Court, we considered it appropriate to hold

Mediation meeting with the parties in our Court itself in the presence

of the Judges and accordingly, by the last Order dated 25.6.2021,

reproduced below, a Video conferencing meeting was held between

the parties in the presence of both the sides of learned counsel.

Order Dated 25.6.2021

"Looking to the nature of the dispute between the close relatives namely Aunt and the Nephew, it is considered appropriate the matter is settled amicably either through the Mediation process or in the Court.

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

Therefore, parties are advised to keep the parties present in person through the Videoconferencing on the next date of hearing, so that efforts can be made for amicable settlement as the property is said to be in possession of the defendant for which the present First Appeal is filed before this Court by the Plaintiff.

The learned Senior Counsel Mr.Satyajeet Desai submits that another briefing counsel may put in his appearance as he has been designated as a Senior Counsel in 2019. The necessary arrangements will be made or putting in appearance of the another Advocate and the learned counsels may appear with the respective parties on the next date of hearing through Videoconferencing.

Put up on 06.07.2021."

3. Today, the following persons are present in the

Videoconferencing meeting.

Appellants Side

1. Smt. Taramati D/o Chatrabhujbhai and W/o Kantilal

Harakhchand Vora, aged 87 years from Singapore with Son and

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

Power of Attorney Holder - Mr. Mayur Vora, aged 66 years,

represented by their Counsel Mr. Vimal Patel with Mr. Suren Patel.

Respondents-Defendants

1. Mr. Atul Vora, (brother of Kantilal Harakhchand Vora) aged

58 years

2. Mr. Ravi Vora, C.A., aged 28 years (S/o Shri Atul Vora)

3. Mrs. Heena Atul Vora, aged 55 years.

4. In two sessions, the Video conferencing meeting between the

parties took place about the property in question, a residential house

situated at 31/1, 5 Aradhana Cooperative Housing Society,

Airport Road, Rajkot, which admittedly belongs to the Appellant -

Smt. Taramati D/o Chatrabhujbhai and W/o Kantilal Harakhchand

Vora, which was given in permissive possession to her husband's

brother's son Mr. Atul Vora about 20 years back. No rent was

charged for that permissive possession as Appellant - Smt. Taramati

D/o Chatrabhujbhai W/o Kantilal Harakhchand Vora is residing with

her son Mr. Mayur Vora at Singapore for last many years.

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

5. Upon the demand made for giving the vacant and peaceful

possession of the residential house in question back to the Appellant,

owner, the Respondents did not handover back the possession of the

residential house to the Appellant and therefore, a dispute arose

between the parties and the Appellant preferred a Civil Suit namely,

Special Civil Suit No.93 of 2010 in the Court of 9th Additional

Senior Civil Judge, Rajkot which however, came to be dismissed by

learned Trial Court on the ground of jurisdiction on 30.6.2016 and

aggrieved by the same, the present First Appeal was preferred by the

Appellant - Smt. Taramati D/o Chatrabhujbhai and W/o Kantilal

Harakhchand Vora.

6. In view of the mediation efforts made by this Court and the

Video conferencing and meeting between the parties in two sessions

today, fortunately, the parties have arrived at an amicbale Settlement

which with their consent is being recorded as under with a direction

to both the learned Advocates appearing for the respective parties to

attend the Court office and countersign the said Order-sheet, which

is drawn today in verification of the Terms of Settlement as reduced

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

into writing hereunder in their presence and from Respondent side

Mr. Atul Vora and Ravi Vora both will also come from Rajkot and

attend the Court Office within a week and will also countersign this

Order Sheet in proof of their Agreement to the Terms of Settlement

as reduced in writing herein below. That, Mr. Mayur Vora, Son and

Power of Attorney Holder of Smt. Taramati W/o Kantilal

Harakhchand Vora, Singapore, will also send a confirmation Email

at the Email id of the Court Master @ [email protected],

within a week and a print out of which will be placed on record.

7. In our presence and in the presence of both the sides Counsel,

the parties had the talks between them and the Appellant herself

aged 87 years and in frail condition also with some difficulty could

have some conversation with Mr. Atul Vora and his wife Ms. Heena

Vora and Ravi Vora and with some emotional exchanges also. Since

we felt that the parties are very near to the solution by way of mutual

amicable settlement by way of purchase of the residential property in

question situated at the aforesaid address at a mutually agreed price,

both the parties were fair enough to make some concessions on their

respective parts and finally mutually agreed at Rs.65 Lakhs

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

(Rupees Sixty Five Lakhs) as the price consideration for sale of the

Residential House in question by the Appellant - Smt. Taramati D/o

Chatrabhujbhai and W/o Kantilal Harakhchand Vora to the

Respondent side namely to Mr. Atul Vora. The purchasers' side

namely, Mr. Atul Vora and Mr. Ravi Vora have thus agreed to pay

the entire sale consideration of Rs.65 Lakhs on or before 31st

October, 2021 and they may pay such entire consideration in lump-

sum or in parts but agreed to initially remit a sum of Rs.5 Lakhs as

token advance against the said sale consideration of Rs. 65 Lakhs

within a period of one week from today. Upon the total payment

received with deduction of income tax at source, if any, as per the

applicable Income Tax Law on the sale of property by an Non-

Resident Indian, Appellant side, the proof of such deduction of

income-tax will also be submitted to the Seller viz. Appellant Side.

Once the entire consideration of Rs. 65 Lakhs is paid to the Seller in

any of the modes viz. Digital Transfer or Demand Draft or Cash , the

Appellant side, then the Sale Deed in question will be executed by

the Appellant side either by Smt. Taramati, the Appellant herself or

through her duly authorized Power of Attorney Holder namely, Mr.

Mayur Vora, her son. To facilitate the execution of the

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

Conveyance / Sale Deed in question, the Appellant or her Power of

Attorney Holder may either visit Rajkot or may sign such Sale Deed

and transmit it the same through courier with A.D. for Registration

by the Competent Authority namely, Sub- Registrar at Rajkot. The

process of payment of entire consideration and execution of Sale

Deed should be completed on or before the aforesaid date i.e. 31st

October, 2021.

8. A Report of the completion of the transaction along with the

copy of the Sale Deed should be placed on record of the Court in the

3rd week of November namely, 15th November to 20th November,

2021.

9. We place on record our appreciation for both the side learned

Advocates appearing for the parties and also all the parties, who

appeared before us in the Video conferencing meeting today and

through mutual negotiations accepting the final price of Rs.65

Lakhs for the sale of Residential House in question. We expect that

this amicable Settlement will restore the sweet and amicable family

relationship between the parties, who are close blood relatives also.

C/FA/2401/2016 JUDGMENT DATED: 06/07/2021 TARAMATI D/O CHATRABHUJBHAI W/O KANTILAL HARAKHCHAND VORA Versus RANJANBEN ARVINDBHAI VORA (DECD.) & 2 other(s)

We place on record also the invitation by Defendant- Purchaser side

to the Appellant side Smt. Taramatiben and her family to come and

stay with them in the same house at least for some period.

10. With the aforesaid Terms of Settlement, the First Appeal is

disposed of. No order as to costs. The Decree be made accordingly.

For verification of the Compliance Report as indicated above, the

matter may be placed in the Chambers in the 3rd week of November,

2021.

11. Civil Applications are also accordingly disposed of.

(DR. VINEET KOTHARI,J)

(B.N. KARIA, J) NAIR SMITA V.