Maniben Nathubhai Patel vs Babubhai Vallabhbhai Patel ...
2022 Latest Caselaw 8738 Guj

      C/SA/258/2005                              ORDER DATED: 03/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/SECOND APPEAL NO. 258 of 2005
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              MANIBEN NATHUBHAI PATEL & 3 other(s)
                            Versus
     BABUBHAI VALLABHBHAI PATEL DECD.THRO HEIRS & 1 other(s)
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Appearance:
DELETED for the Appellant(s) No. 1
MS KHYATI P HATHI(346) for the Appellant(s) No. 2,3,4
NOTICE SERVED for the Respondent(s) No. 1.1,1.2,2
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 03/10/2022

                             ORAL ORDER

1. Being aggrieved and dissatisfied with the judgment

and order dated 3.2.2005 passed by the learned Joint

District Judge / 2nd Fast Track Court, Navsari in Regular

Civil Appeal No. 20 of 1997, the appellants have

preferred present appeal.

2. Though notice is served upon the respondents,

nobody is present on their behalf, at the time of hearing..

3. Today, learned advocate Ms. Khyati P. Hathi, for the

appellants produced on record the consent terms dated

22.11.2011. She submitted that both the parties have

C/SA/258/2005 ORDER DATED: 03/10/2022

entered into consent terms and settled the dispute

between them. The vernacular copy of the consent terms

is also produced by the learned advocate for the

appellants.

4. Both the copies of the consent terms are taken on

record.

5. In view of the consent terms arrived at between the

parties, present appeal stands disposed of. The decree to

be modified accordingly, as per the consent terms arrived

at between the parties.

6. It is clarified that the consent terms arrived at

between the parties are still in force. However, it is open

for the appellants to approach this Court for revival of

present appeal, in case of difficulty.

(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI