Samarpan Corporation vs Chanchalben D/O Surajben Bogha ...
2021 Latest Caselaw 14822 Guj

       C/FA/2439/2018                              ORDER DATED: 22/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2439 of 2018

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
                     In R/FIRST APPEAL NO. 2439 of 2018
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                 SAMARPAN CORPORATION
                         Versus
 CHANCHALBEN D/O SURAJBEN BOGHA HARIBHAI W/O MANGALBHAI
                   VAGHELA & 13 other(s)
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Appearance:
MR SP MAJMUDAR(3456) for the Appellant(s) No. 1
MR. HJ KARATHIYA(7012) for the Appellant(s) No. 1
MR VIMAL A PUROHIT(5049) for the Defendant(s) No. 12,13,14
NOTICE SERVED BY DS(5) for the Defendant(s) No. 1,10,11,2,3,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                               Date : 22/09/2021

                         ORAL ORDER

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

1. This First Appeal is at the instance of the original plaintiff of a Special Civil Suit and is directed against the judgment and order passed by the 15th Additional Senior Civil Judge, Vadodara below Exh.12 in the Special Civil Suit No.129 of 2017 instituted by the appellant - plaintiff, by which, the Court below rejected the plaint under the provisions of Order 7, Rule 11 of the Code of Civil Procedure, 1908 on the ground that the agreement for sale being invalid is not enforceable in law. On such ground, the Court below rejected the plaint.

C/FA/2439/2018 ORDER DATED: 22/09/2021

2. In view of the aforesaid, the appellant is here before this Court with the present appeal.

3. We are informed by Mr. S.P. Majmudar, the learned counsel appearing for the appellant - original plaintiff and Mr. Vimal Purohit, the learned counsel appearing for the respondents nos.12 to 14 [original defendants no.12 to 14 and subsequent purchasers] that during the pendency of the present appeal, the parties have arrived at an amicable settlement and the plaintiff would not like to pursue this appeal any further. The appellant - plaintiff has filed an affidavit in this regard. The same is ordered to be taken on record.

4. In view of the aforesaid, this appeal stands disposed of as not pressed without expressing any opinion on the merits of the case. The connected Civil Application would also not survive and the same is disposed of accordingly.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) A. B. VAGHELA