Rasulbhai Shaikh Since Decd. ... vs Ramzankhan Hajikhan Pathan
2023 Latest Caselaw 1721 Guj

      C/SA/230/2017                                ORDER DATED: 20/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SECOND APPEAL NO. 230 of 2017
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      RASULBHAI SHAIKH SINCE DECD. THROUGH LEGAL HEIRS
                            Versus
                RAMZANKHAN HAJIKHAN PATHAN
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Appearance:
MR RD DAVE(264) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
MR PREMAL S RACHH(3297) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                              Date : 20/02/2023

                               ORAL ORDER

1. Mr.R.D. Dave, learned advocate for the appellants and Mr.Premal Rachh, learned advocate for the respondent have jointly submitted that the parties have negotiated and have entered into an amicable settlement dated 04.02.2023, which is reduced into writing.

2. Mr.Rachh, learned advocate submitted that the affidavit dated 09.02.2023 of respondent - Ramzankhan Hajikhan Pathan has also been filed wherein, the respondent has agreed that in view of the settlement arrived at between the parties, he has no objection if the judgment and decree dated 05.03.2016 passed in Regular Civil Appeal No.147 of 2005 is set aside and the captioned second appeal is allowed by passing appropriate orders. The said affidavit, together with settlement agreement dated 04.02.2023, is directed to be taken on record.

3. Mr.R.D. Dave, learned advocate submitted that the suit was filed by the respondent, seeking specific performance of the agreement to sell dated 07.12.1980 (exh.40), which came to be

C/SA/230/2017 ORDER DATED: 20/02/2023

rejected. Aggrieved, the respondent had filed an appeal, which came to be allowed vide judgment and decree dated 05.03.2016, directing specific performance of the agreement to sell. Against which, the appellants have preferred the captioned appeal which was admitted vide order dated 31.01.2018 and vide order of even date, the parties were directed to maintain status-quo. It is submitted that now, as declared by the respondent, the parties have settled the dispute and the respondent having received the payment, is not desirous of pursuing the matter further. In lieu thereof, the learned advocates have jointly requested that the decree be directed to be drawn in terms of the settlement agreement.

4. The Appellant no.2 - Kadarbhai Rasulbhai Shaikh and respondent - Ramzankhan Hajikhan Pathan are personally present in the Court and have confirmed the execution of the settlement agreement amongst the parties.

5. In view of the above, the captioned second appeal is disposed of in terms of the present settlement agreement and the concerned Court below is directed to draw the decree in terms of the present settlement. Interim relief granted earlier stands vacated. No order as to cost.

(SANGEETA K. VISHEN,J) Hitesh