Dalwadi Mavjibhai Amarshibhai vs Joshi Nirmalaben Mukundrai
2021 Latest Caselaw 17015 Guj

        C/FA/86/2015                          ORDER DATED: 28/10/2021



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/FIRST APPEAL NO. 86 of 2015
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              DALWADI MAVJIBHAI AMARSHIBHAI
                            Versus
          JOSHI NIRMALABEN MUKUNDRAI & 3 other(s)
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Appearance:
C J GOGDA(7488) for the Appellant(s) No. 1
VIKAS V NAIR(7444) for the Appellant(s) No. 1
MANAN K PANERI(7959) for the Defendant(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
         and
         HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                         Date : 28/10/2021
                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1) This appeal is at the instance of the appellant-original plaintiff and is directed against the judgment and decree passed by the Additional Senior Civil Judge, Dhangandhra dated 01.10.2014 in the Special Civil Suit No. 51 of 2011 instituted by the appellant herein for declaration and specific performance of contract. The Suit came to be dismissed and in such circumstances, the present appeal came to be filed. It appears that during the pendency of the present appeal, the parties have been able to arrived at the amicable settlement. The terms of the settlement, reduced into the writing, duly signed by the parties and notarized, are placed on record. The same are ordered to be taken on record and the same shall be kept for all times to come with the records and proceedings. The appellant-plaintiff namely Dalwadi Mavjibhai Amarshibhai has also filed an affidavit as regards the settlement. The affidavit is also

C/FA/86/2015 ORDER DATED: 28/10/2021

ordered to be taken on record.

2) Mr.Manan Paneri, the learned counsel appearing for the respondents-original defendants confirms about the settlement arrived at the between the parties. In such circumstance referred to above, Mr.Vikas Nair, the learned counsel appearing for the appellant-Org. plaintiff has instructions from his client not to press this appeal and withdraw the same.

3) The appeal is disposed of as not pressed in view of the settlement arrived at between the parties. The parties shall abide by terms of settlement.

(J. B. PARDIWALA, J)

(NIRAL R. MEHTA,J) VISHAL MISHRA