Gujarat High Court
Mahendrabhai Pranjivanbhai ... vs Pushpaben Pranjivanbhai ... on 23 June, 2021
Bench: N.V.Anjaria
C/SA/92/2019 ORDER DATED: 23/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 92 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/SECOND APPEAL NO. 92 of 2019
With
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2021
In R/SECOND APPEAL NO. 92 of 2019
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MAHENDRABHAI PRANJIVANBHAI DHODAKIYA
Versus
PUSHPABEN PRANJIVANBHAI DHODAKIYA
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Appearance:
SUREN B PATEL(8420) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MR VISHWAS S DAVE(5861) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 23/06/2021
ORAL ORDER
Heard learned advocate Mr. Suren Patel for the appellant and
learned advocate Mr. Vishwas Dave for the respondent.
2. The present Second Appeal was directed against judgment and
order dated 26.11.2018 passed by learned Principal District Judge,
Bhavnagar in Regular Civil Appeal No. 4 of 2016, which in turn had
confirmed judgment and decree dated 30.12.2015 passed by learned 6 th
Additional Senior Civil Judge, Bhavnagar allowing the Regular Civil Suit
No. 47 of 2011.
2.1 In the decree passed by the trial court, it was declared that the
respondent No.1-the original plaintiff is entitled to 1/3rd share in the
ancestral properties being Land Revenue Survey No. 87, 88 and 89
admesasuring Hec. 2-67-10 sq. mtrs. situated at village Vadva, Taluka
District Bhavnagar. The partition of the suit properties was thus directed.
C/SA/92/2019 ORDER DATED: 23/06/2021
3. Civil Application No. 1 of 2019 was for stay in which Rule was
issued and the execution of the decree passed in the suit was not pressed
by the respondent No.1.
4. Present appeal was filed by original defendant No.1. It was
recorded on 15.4.2019 that there is likelihood of settlement of dispute
between the parties.
4.1 During the pendency of the appeal, Civil Application No.2 of 2021
came to be filed stating that the parties, who are the real brothers and
sisters, have arrived at compromise in respect of the suit properties. What
is prayed in this civil application is to record the compromise arrived at
between the parties in respect of the subject matter property.
5. Today, the appeal and both the civil applications came to be posted
before the court. Learned advocates for the respective parties urged to
dispose of the appeal in light of the compromise.
5.1 It is suggested in the details mentioned in Civil Application No. 2
of 2021 regarding compromise that purshish dated 8.4.2021 at Exh. 83 for
withdrawal of the suit was been filed in the trial court in view of the
settlement arrived at. Copy of the said purshish is placed on record.
Pursuant to purshish, learned Principal Senior Civil Judge, Bhavnagar,
has passed order below Exh.1 disposing of Regular Civil Suit No. 47 of
2011 as withdrawn.
5.2 The parties have also placed on record the settlement terms which
were filed before the trial court. As per the settlement arrived at, the
plaintiff and the defendant Nos. 1 and 2 could be treated as co-owners of
the said Survey Numbers 87, 88 and 89. It is agreed that the plaintiff will
C/SA/92/2019 ORDER DATED: 23/06/2021
have 30% undivided share, the defendant No. 1 shall have 40 %
undevided share and defendant No.2 shall have 30% undivided share in
the suit property.
5.3 As per the preliminary decree drawn by the trial court while
decreeing the suit, the parties to the suit were held to be having 33%
share each in the suit property, however, the parties reached at the above
settlement and the share in the suit property was agreed as above.
6. Since the parties have settled the dispute and the original suit in
which preliminary decree was passed has also been withdrawn, the
present appeal is also required to be disposed of in view of the said
developments. The settlement details produced alongwith Civil
Application No. 2 of 2021 shall remain on record and the terms of
settlement as recorded therein shall bind the parties. The parties shall act
in terms of the settlement as agreed by them.
7. The present Second Appeal stands disposed of in view of the
above.
Order in Civil Application No.1 of 2019
This Civil Application stands disposed of as not surviving.
Order in Civil Application No.2 of 2021
This Civil Application through which the parties wanted to record
the compromise arrived at stands disposed of in view of the order of even
date passed in the Second Appeal No. 92 of 2019.
(N.V.ANJARIA, J)
C.M. JOSHI
