Mukeshbhai Sashikantbhai Patel vs Harishbhai Chunibhai Patel
2023 Latest Caselaw 626 Guj

     C/FA/2383/2019                                ORDER DATED: 20/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2383 of 2019

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                      MUKESHBHAI SASHIKANTBHAI PATEL
                                  Versus
                        HARISHBHAI CHUNIBHAI PATEL
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Appearance:
MR. HJ KARATHIYA(7012) for the Appellant(s) No. 1
MM BEG(8096) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                               Date : 20/01/2023

                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of present appeal under Section 96 of the Code of Civil Procedure, 1908, present appellant - original defendant has challenged the judgment and decree dated 04.09.2017 passed by 9th (Adhoc) Additional Senior Civil Judge, Vadodara in Special Civil Suit No. 67 of 2014, by which, the suit was decreed directing the present appellant - original defendant to execute registered sale deed in favour present respondent - original plaintiff. It is reported that during pendency of this appeal, the Court Commissioner has already executed the sale deed on 23.10.2018 on behalf of present appellant - original defendant.

2. Today, Mr. Karathiya, learned advocate for the appellant, has placed a notarized copy of settlement arrived at between the

C/FA/2383/2019 ORDER DATED: 20/01/2023

parties in the present proceedings. The same is taken on record. As per the said settlement, possession of the property has been handed over to present respondent - original plaintiff and present appellant - original defendant was supposed to withdraw this appeal and the amount, which was deposited before learned Civil Court and was invested in the Nationalized Bank as per the order dated 01.10.2019 passed by this Court, be paid to present appellant - original defendant.

3. In view of the above settlement, present appellant - original defendant is permitted to withdraw the amount deposited before learned Civil Court by the respondent herein - original plaintiff as per the order dated 01.10.2019 passed by this Court along with interest accrued thereon till date by A/c payee cheque, after proper verification.

4. In view of the above, present appeal is dismissed as withdrawn. Interim relief, if any, is hereby vacated.

(A.J.DESAI, J)

(RAJENDRA M. SAREEN,J) *F.S. KAZI.....