Savitaben Rasiklal Patel ... vs Vishnubhai Bhanuprasad Patel
2022 Latest Caselaw 9991 Guj

       C/FA/2456/2014                               ORDER DATED: 12/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2456 of 2014

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     SAVITABEN RASIKLAL PATEL (DECEASED THRU LEGAL HEIRS) & 4
                              other(s)
                               Versus
                 VISHNUBHAI BHANUPRASAD PATEL
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Appearance:
for the Appellant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
MR APURVA R KAPADIA(5012) for the Appellant(s) No. 1,2,3,4,5
MR RAJENDRA PATEL(645) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                Date : 12/12/2022
                                 ORAL ORDER

1. Mr Apurva R. Kapadia, learned advocate appearing for the appellants and Mr Rutvij Patel, learned advocate for Mr Rajendra Patel, learned advocate for the respondent, have jointly placed on record the orders both dated 26.6.2018 passed in first appeal no.2455 of 2014 and first appeal no.2457 of 2014. It is submitted that four appeals were filed out of which, in two appeals owing to the settlement between the parties, they have been disposed of as not pressed. It is urged that the grievance raised in the captioned first appeal is also settled as during the pendency of this First Appeal, the parties have been able to arrive at out of court settlement. The decree holder - original plaintiff, namely Shri Vishnubhai Bhanuprasad Patel, is personally present in the court today and he is identified by Mr Rutvij Patel, learned advocate appearing for the respondent.

2. In support of such settlement, the respondent herein - original plaintiff i.e. Vishnubhai Bhanuprasad Patel, has filed the purshis on

C/FA/2456/2014 ORDER DATED: 12/12/2022

affidavit, inter alia, stating as under :

"I, Vishnubhai Bhanuprasad Patel, Respondent herein Original plaintiff, do hereby solemnly affirm and state on oath as under :

1. The Appellant herein being aggrieved and feeling dissatisfied with the judgment and decree passed by the learned Judge, City Civil Court No.10, Ahmedabad dated 28.2.2014 passed below Ex-43 in Civil Suit No.1369/2004 preferred the captioned First Appeal. The learned trial court by the judgment and decree dated 28-02-2014 directed the Defendants-Appellants herein to execute the sale deed for the suit property having Municipal Cess No.2571/2 admeasuring 127.5 sq.ft.

2. It is submitted that during the pendency of the above stated First Appeal, the appellants and respondent herein have settled the dispute out of court. That the plaintiff and defendants have decided to sell the suit property and it is further decided by the parties that out of the receipt of the sale consideration, the plaintiff and defendants will equally distribute the sale consideration among themselves.

3. Therefore, it is requested to this Hon'ble Court to permit the respondent herein - Original Plaintiff to withdraw the suit bearing Civil Suit No.1369 of 2004 unconditionally filed before City Civil Court, Ahmedabad and further it is requested to this Hon'ble Court to quash and set aside the judgment and decree passed by the City Civil Court No.10, Ahmedabad dated 28-02- 2014 passed below Ex-43 in Civil Suit No.1369/2004.

4. It is also requested to this Hon'ble Court to reserve liberty in favour of respondent to request this Hon'ble Court to recall order to be passed in case of difficulty i.e. any difficulty qua finalization of the sale and or payment of consideration by appellant and or purchaser to the respondent.

5. What is stated herein above is true to the best of my knowledge, information and belief and I believe the same to be true.

6. Solemnly affirmed at Ahmedabad on this 22 st day of November, 2022."

The affidavit is ordered to be taken on record.

3. In view of the settlement arrived at between the parties and affidavit filed by the respondent herein - original plaintiff, Mr.Apurva R. Kapadia, learned advocate does not press the first appeal and

C/FA/2456/2014 ORDER DATED: 12/12/2022

seeks permission to withdraw the same.

4. Request is acceded to.

5. The captioned first appeal is disposed of as not pressed in view of the out of court settlement arrived at between the parties.

(SANGEETA K. VISHEN,J) RAVI P. PATEL