Gujarat High Court
M/S J M Corporation Partnership ... vs Kishorbhai Bhailalbhai Patel on 8 July, 2021
Bench: N.V.Anjaria
C/SA/34/2017 IA ORDER DATED: 08/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2021
In R/SECOND APPEAL NO. 34 of 2017
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M/S J M CORPORATION PARTNERSHIP FIRM AND PARTNER
Versus
KISHORBHAI BHAILALBHAI PATEL
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Appearance:
for the PETITIONER(s) No.
MR NILESH A PANDYA for the PETITIONER(s) No.
MR LALJI R MOKARIA for the RESPONDENT(s) No.
MR RAKESH R VYAS for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 08/07/2021
IA ORDER
Heard learned advocate Mr. Nilesh Pandya for the applicant
herein-the original appellant and learned advocate Mr. Lalji Mokaria for
the respondents.
2. It is prayed in this application to dispose of the Second Appeal No.
34 of 2017 as well as Second Appeal No. 212 of 2016 on the ground that
the settlement has been arrived at out of the court between the parties.
3. The Second Appeal No. 212 of 2016 is a Cross Appeal filed by the
respondents. It was stated that both the Second Appeals arose out of the
proceedings of Regular Civil Suit No. 576 of 2010 which was for
Specific Performance as well as for declaration and permanent injunction.
3.1 The Trial Court dismissed the suit on 21.11.2014, whereafter the
appeal came to be preferred before the lower appellate court. Learned 8 th
Additional District Judge, Vadodara by judgment and order dated
24.9.2015 in Regular Civil Appeal No. 102 of 2014 allowed the appeal of
C/SA/34/2017 IA ORDER DATED: 08/07/2021
the plaintiff. The challenge came to be carried upon before this court by
filling the present Second Appeal, in which order of admission was
passed on 6.3.2017 and the questions of law were framed by the court.
4. In the present civil application, it is stated that the parties have
settled the dispute. The withdrawal purshis is stated to have been signed
by both the parties and also by learned advocate Mr. Pankaj Chhajed
whose name is shown on board as appearing for the respondents with
other learned advocate. The settlement purshish is part of record of this
civil application.
5. Second Appeal No. 34 of 2017 and Second Appeal No. 212 of
2016 are not listed on board today, however, as per the present order and
permission sought, they are liable to be withdrawn in view of the
settlement and order is required to be passed accordingly.
6. The Registry is directed to list the Second Appeal No. 34 of 2017
and Second Appeal No. 212 of 2016 alongwith the connected Civil
Applications today itself by preparing a separate board and notify the
appeals.
7. The present civil application accordingly stands disposed of.
(N.V.ANJARIA, J)
C.M. JOSHI
