Yagneshbhai Kanchanbhai Patel vs Mukeshbhai Joitaram Solanki
2022 Latest Caselaw 9283 Guj

     C/SA/261/2022                                    ORDER DATED: 19/10/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SECOND APPEAL NO. 261 of 2022

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                  In R/SECOND APPEAL NO. 261 of 2022
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                      YAGNESHBHAI KANCHANBHAI PATEL
                                  Versus
                       MUKESHBHAI JOITARAM SOLANKI
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Appearance:
MR VIRAL K SALOT(3500) for the Appellant(s) No. 1,2,3
for the Respondent(s) No. 1,2,3,4,5,6
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 19/10/2022

                                ORAL ORDER

1. The present Second Appeal is filed by the subsequent purchaser of the property, which is the subject property of the civil suit, wherein, the appellant before this Court is not joined as a party respondent in the original proceedings. Subsequently, moved an appeal by way of seeking leave to appeal and he has filed the appeal before the Lower Appellate Court. The Lower Appellate Court passed the order dated 18.03.2021 quashing and setting aside the order dated 29.01.2016 passed in Regular Civil Suit No.303 of 2014.

2. Feeling aggrieved and dissatisfied with the

C/SA/261/2022 ORDER DATED: 19/10/2022

impugned judgment and order, the present Second Appeal is preferred before this Court, wherein, there was a settlement took place between the parties and they have settled the issue outside the Court by entering into a settlement agreement with certain terms and conditions.

3. Heard Mr.Viral K. Salot, the learned counsel appearing for the appellant, Mr.N.M. Kapadia, the learned counsel appearing for Respondent No.1 on caveat and Mr.Nisarg Shah, the learned counsel appearing for Respondent Nos.2,3,5 and 6 on caveat.

4. The parties have entered into the settlement through settlement agreement before the Mediation Centre in Mediation Case No.4/RCA 30/2020, wherein, all the concerned parties through their advocates put their signature and they have accepted the terms and conditions of the settlement agreement as decided in the Mediation. Moreover, the subject property is divided in three parts: 83A, 83B and 83C and the appellant's property is situated in part 83A which is not comprising the construction part over the land in question and he has purchased 5184 Sq. Mtrs. of land from the original owner. While considering the DILR report also, that constructed portion of subject parcel of land is not covering the land of the appellant, which is purchased by the

C/SA/261/2022 ORDER DATED: 19/10/2022

present appellant. It is situated in Block No.83A and therefore, there was settlement took place between all the concerned parties before the Mediation Centre and as per the Mediation case, the purshis were filed by all the concerned parties.

5. In view of the above, the present appeal is hereby allowed and the impugned judgment and order passed by the Trial Court is hereby quashed and set aside qua the present appellant as the property purchased by the present appellant is not the part of the disputed property. The impugned judgment and order is hereby modified to the extent that the property of the present appellant i.e. Block No.83A is not the disputed property and therefore, the Trial Court is directed to draw the decree accordingly in light of the mediation purshis signed by all the concerned parties before the Mediation Centre.

6. In view of the disposal of the main matter, the connected civil application also stands disposed of.

Direct service is permitted.

(HEMANT M. PRACHCHHAK,J)

Dolly