Rajiv Gokaldas Shah vs Surendra Auto Service
2021 Latest Caselaw 15370 Guj

       C/CRA/519/2017                                ORDER DATED: 30/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2021
              In R/CIVIL REVISION APPLICATION NO. 519 of 2017
                                   With
               R/CIVIL REVISION APPLICATION NO. 519 of 2017
                                   With
               R/CIVIL REVISION APPLICATION NO. 518 of 2017

==========================================================

RAJIV GOKALDAS SHAH Versus SURENDRA AUTO SERVICE & 2 other(s) ========================================================== Appearance:

for the Applicant(s) No. 2,3,4 MR MITUL SHELAT FOR MS DISHA N NANAVATY(2957) for the

MR HARNISH V DARJI(3705) for the Opponent(s) No. 1 MRS MAUNA M BHATT(174) for the Opponent(s) No. 2,3 MUNJAAL M BHATT(8283) for the Opponent(s) No. 2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 30/09/2021

IA ORDER

1. This Civil Application is filed by the applicants wherein the applicants have prayed that main Civil Revision Application be disposed off in terms of the consent terms.

2. Heard learned advocate Mr.Mitul Shelat assisted by learned advocate Ms.Disha Nanavaty appearing for the applicants, learned advocate Mr.Darji for opponent no.1 and learned advocate Mr.Bhatt for opponent nos.2 and 3. Learned advocate for the applicants has placed on record the affidavit and the same is taken on record.

C/CRA/519/2017 ORDER DATED: 30/09/2021

3. It is submitted by learned advocate for the applicants that the applicants filed HRP No.1452 of 1996 for obtaining the vacant and peaceful possession of the land in question before the concerned Small Causes Court, Ahmedabad. The Small Causes Court, Ahmedabad, vide order dated 12.10.2007 decreed the suit and directed the opponents to hand over the vacant and peaceful possession of the suit land. It is further submitted that opponent nos.2 and 3 preferred Civil Appeal No.251 of 2007 whereas opponent no.1 herein preferred Civil Appeal No.257 of 2007 before the appellate Court challenging the decree passed by the Small Causes Court on 12.10.2007. It is further submitted that the appellate Court by common judgment dated 19.9.2017 allowed both the appeals and thereby quashed and set aside the judgment and decree dated 12.10.2007. The present applicants, therefore, have filed Civil Revision Application No.518 of 2017 as well as 519 of 2017 before this Court. It is further submitted that during pendency of these Civil Revision Applications, now the dispute has been amicably settled between the parties. It is submitted that the parties have agreed as under:

"(i) in view of the decision of the Indian Oil Corporation to purchase the suit property for a consideration of Rs.6.03 crores, the Applicants would withdraw the present proceedings.

(ii) Within a period of 30 days of the withdrawal of the present proceedings, the conveyance deed for sale of the property would be executed.

(iii) In the event the conveyance is not executed within a period of 30 days of the withdrawal of the present proceedings, the Applicants would be entitled to the revival of the present proceedings."

4. Learned advocate Mr.Shelat therefore urged that in view of the settlement arrived at between the parties both the Civil Revision

C/CRA/519/2017 ORDER DATED: 30/09/2021

Applications along with this application be disposed off. Learned advocates appearing for the present opponents submitted that the opponents have agreed that both the Civil Revision Applications be disposed off in terms of the settlement.

5. In view of the settlement arrived at between the parties, this Civil Application along with the Revision Applications stand disposed off in terms of the aforesaid consent terms. It is clarified that this Court has not examined the merits of the case of the applicants. However, as stated in the consent terms no.3, if no conveyance is executed within a period of 30 days of the withdrawal of the present proceedings, it is open for the applicants to file a note for revival of these both Civil Revision Applications.

(VIPUL M. PANCHOLI, J) SRILATHA