Hemendra Rambhai Bharwad vs Ramchandra Manilal Thakar
2021 Latest Caselaw 4270 Guj

        C/FA/198/2020                                          ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO. 198 of 2020
                           With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
             In R/FIRST APPEAL NO. 198 of 2020
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                         HEMENDRA RAMBHAI BHARWAD
                                   Versus
                        RAMCHANDRA MANILAL THAKAR
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Appearance:
POOJA H BHARDWAJ(7844) for the Appellant(s) No. 1,2
 for the Defendant(s) No. 3
MS.SHIVANI V TRIVEDI(7225) for the Defendant(s) No. 1,2
RAVI A PANDYA(8595) for the Defendant(s) No. 2,3
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 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR. JUSTICE R.P.DHOLARIA

                            Date : 16/03/2021

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Feeling aggrieved and dissatisfied by the judgment and decree dated 21.06.2019 passed by the learned 3rd Additional Senior Civil Judge, Gandhinagar in Special Civil Suit No. 257 of 2018, the appellants have preferred this appeal under Section 96 of the CPC.

2. Suffice it to note that what is challenged before this Court by way of this appeal is the order impugned passed by the learned trial court allowing the application below exhibit 11 filed by the respondent­original defendant under Order 7 Rule 11 and accordingly, the suit came to be rejected.

C/FA/198/2020 ORDER

3. By order dated 25.02.2021, this Court referred the matter to the Gujarat High Court Mediation Centre. Mr. H.S. Mulia, learned mediator undertook the proceedings and in presence of learned advocates Ms. Varsha Brahmbhatt and Ms. Shivani Trivedi, the appellant and respondent also remained present before the mediator. The mediator has filed a report and have settled the issue and have entered into a Memorandum of Understanding, which is signed by the parties, their respective advocates including the learned Mediator on 10.03.2021.

4. In light of the aforesaid, Ms. Bhrambhatt, learned advocate appearing for the appellant does not press this appeal. The parties to act according to the Memorandum of Understanding entered between them on 10.03.2021 and as agreed before the learned mediator. As the parties have preferred for mediation, the Registry is directed to refund the Court Fees as per the Rules to the Appellants as the appeal is disposed of without entering into the merits and at the first instance, the learned advocates preferred to resolve the issue through mediation.

5. The efforts made by Ms. Varsha Brahmbhatt, learned advocate, Ms. Shivani Trivedi, learned advocate and the learned mediator to see that the issue between the parties is settled, deserves to be appreciated.

             C/FA/198/2020                          ORDER




   6. The appeal is thus disposed of as withdrawn.                   As

the appeal is disposed of, the Civil Application would not survive and shall stand disposed of accordingly.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) BIJOY B. PILLAI