Chandrikaben Manubhai Bhatt vs Arvindkumar Maneklal Bhatt
2023 Latest Caselaw 458 Guj

       C/FA/1679/2004                                ORDER DATED: 13/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 1679 of 2004

                                      With
                        R/CROSS OBJECTION NO. 146 of 2005
                                        In
                           FIRST APPEAL NO. 1679 of 2004
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                         CHANDRIKABEN MANUBHAI BHATT
                                    Versus
                         ARVINDKUMAR MANEKLAL BHATT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Appellant(s) No. 1
MR SHITAL R PATEL(2166) for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 13/01/2023

                                  ORAL ORDER

1. Heard learned Advocate Mr. Vaibhav A. Vyas on behalf of the

appellant and learned Advocate Mr. Kishan Prajapati for learned

Advocate Mr. Shital R. Patel for the respondent and learned Advocate

Mr. Kishan Prajapati for learned Advocate Mr. Shital R. Patel on behalf

of the cross objectionist, learned Advocate Mr. Vaibhav Vyas for learned

Advocate Mr. M. B. Gandhi on behalf of the respondent in the cross

objection.

2. Learned Advocate Mr. Vyas tenders copies of affidavit preferred

by the appellant herein which includes a declaration by the respondent

C/FA/1679/2004 ORDER DATED: 13/01/2023

herein whereby the respondent here in -original plaintiff would submit

that he does not intend to have the registered agreement to sale, for

performance of which the Civil Suit had been filed, executed any further.

Learned Advocate Mr. Vyas would further submit that considering the

said declaration and further considering the affidavit where the appellant

has submitted that on account of amicable settlement between the parties

such a registered deed had been signed by the original plaintiff, the suit

could be disposed of.

3. Such submission is supported by the learned Advocate Mr.

Prajapati on behalf of the respondent-original appellant.

4. Considering the same, the present appeal deserves consideration.

The impugned judgment and order passed by the learned City Civil

Court, Ahmedabad dated 30.06.2004 in Civil Suit No. 1779 of 1990 is

quashed and set aside, more particularly, having regard to the registered

declaration preferred by the original plaintiff that he does not intend for

specific performance of the registered agreement sale dated 26.07.1989

any further.

5. With these observations and directions, the present first appeal

C/FA/1679/2004 ORDER DATED: 13/01/2023

stands disposed of as allowed. In view of the order passed in the first

appeal, Cross Objection stands disposed of. The affidavits filed by the

appellant in the appeal as well as the cross objection are directed to be

taken on record.

(NIKHIL S. KARIEL,J) Mrs. J. J. Kedia