Gujarat High Court
Karankumar Chandulal Chinai vs Narendra Narbheram Pandya on 14 June, 2021
Bench: N.V.Anjaria
C/CRA/212/2013 ORDER DATED: 14/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 212 of 2013
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2018
In R/CIVIL REVISION APPLICATION NO. 212 of 2013
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2018
In R/CIVIL REVISION APPLICATION NO. 212 of 2013
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KARANKUMAR CHANDULAL CHINAI & 1 other(s)
Versus
NARENDRA NARBHERAM PANDYA & 5 other(s)
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1,2
DECEASED LITIGANT(100) for the Opponent(s) No. 1,6
DELETED(20) for the Opponent(s) No. 2,4
MR RATHIN P RAVAL(5013) for the Opponent(s) No. 3,6.1
MR.HARDIK B SHAH(3751) for the Opponent(s) No. 5
NISHIT SONI(8943) for the Opponent(s) No. 1.1,1.2,1.3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 14/06/2021
ORAL ORDER
ORDER IN CIVIL REVISION APPLICATION
Learned advocate Mr.Rathin Raval's name is shown for the
respondent Nos.3 and 6.1. He stated that he does not appear for
the same. In view of this statement, his name shall be deleted by
the Registry from the appearance.
2. This Revision Application comes up on board alongwith
Office submission dated 9.4.2021 which accompanies Note dated
5.4.2021 filed by learned advocate Mr.Nirav Sanghvi for the
applicant with the Registry of this Court stating inter alia that
C/CRA/212/2013 ORDER DATED: 14/06/2021
during the pendency of the Revision Application, a settlement
has arrived at between the parties on 13.3.2021.
3. The copy of the settlement is also filed alongwith the said
letter.
3.1 As reflected in the settlement, following is agreed between
the parties.
"(1) The opponent hereby declare that the
tenancy rights regarding suit premise are
voluntarily waive in favor of applicants.
(2) It is distinctly understood and agreed by
both the parties that the possession of the suit
premises are with applicant who are land lord of
the suit premise.
(3) It is declared that no rent is out-
standing and the tenancy rights of the
opponents in respect of the suit premise are
terminated with effect from 13.3.2021.
(4) The judgment and decree passed by the
trial court i.e. Small Causes Court at
Ahmedabad and confirmed by the Lower
Appellate Court i.e. The appellate Bench of the
Small Causes Court at Ahmedabad be modified
if required in the large interest of litigants."
3.2 The aforesaid settlement is taken on record.
4. The judgments of the Small Causes Court confirmed by the
appellate Bench is modified in view of the settlement.
4.1 The Trial Court below shall pass decree as per the terms of
the settlement. The rights of the parties shall be governed as per
the settlement.
C/CRA/212/2013 ORDER DATED: 14/06/2021
5. The present Civil Revision Application stands disposed of
as above. Interim relief granted earlier stands vacated.
ORDER IN RESPECTIVE CIVIL APPLICATIONS.
In view of the disposal of the Civil Revision Application, as
per the above order, the present Civil Applications are disposed
of.
(N.V.ANJARIA, J)
Manshi
