Gujarat High Court
Rakesh Kanubhai Vyas vs Additional Lh Of Sataji Aataji on 22 June, 2022
Bench: Gita Gopi
C/FA/467/2019 ORDER DATED: 22/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 467 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2020
In R/FIRST APPEAL NO. 467 of 2019
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2021
In R/FIRST APPEAL NO. 467 of 2019
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RAKESH KANUBHAI VYAS
Versus
ADDITIONAL LH OF SATAJI AATAJI
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Appearance:
MR MJ PARIKH(577) for the Appellant(s) No. 1,2
MS DIMPLE M PARIKH(7500) for the Appellant(s) No. 1,2
SIMPLE M PARIKH(8370) for the Appellant(s) No. 1,2
MR NILESH A PANDYA(549) for the Defendant(s) No. 1.1,1.2,1.3,2,3,4,5,6,7
PARTY IN PERSON(5000) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 22/06/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This appeal is directed against the judgment and decree
dated 26.12.2018 and 03.01.2019 respectively passed in
Special Civil Suit No. 87 of 2008 passed by the learned
Principal Civil Judge (S.D.), Ahmedabad (Rural) at Mirzapur.
2. The civil application being C.A. No. 1 of 2020 in First
Appeal No. 467 of 2019 has been filed by one Jaisukhbhai
Mohanbhai Sangani and 12 others praying for joining them as
parties in the appeal and another civil application being C.A.
No. 1 of 2021 in First Appeal No. 467 of 2019 has also been
filed which is pending for hearing.
C/FA/467/2019 ORDER DATED: 22/06/2022
3. Mr. M.J. Parikh, learned advocate appearing for the
appellants seek permission for withdrawal of this First Appeal
on the ground of compromise effected by and between the
parties.
4. Mr. Mrugen Purohit, learned advocate appearing for the
applicants in Civil Application No. 1 of 2020 seeking for joining
of the parties which is preferred under Order 1, Rule 8 and
Order 1, Rule 10 read with Section 151 of the Code of Civil
Procedure.
5. A request is made by learned advocate Mr. M.J. Parikh for
the appellants for withdrawal of the First Appeal
unconditionally because of the developments which have been
taken place of selling the subject property. Mr. Mrugen Purohit,
learned advocate appearing for the respondent does not object
to the same and does not press the civil application for
impleading the parties.
6. Noticing the subsequent development and the request
made on the part of the appellants to withdraw the appeal
unconditionally where other parties including the respondents
have no objection; accordingly the appeal stands disposed of
as withdrawn.
7. In view of the above, Civil Application No. 1 of 2020 does
not survive; accordingly the same is disposed of with no order
as to costs.
8. In view of the same, Civil Application No. 1 of 2021 shall
C/FA/467/2019 ORDER DATED: 22/06/2022
stand also disposed of with no order as to costs.
9. The interim relief which has been granted earlier by the
trial court and which has been extended from time and again
by this Court shall also stand vacated in wake of this
development and is accordingly vacated. The refund of court
fees, if permissible under the rules, shall be given in the name
of the appellants.
(SONIA GOKANI, J)
(GITA GOPI,J)
A.M.A. SAIYED
