Rakshit Sureshbhai Patel vs Jayantbhai Mohanbhai Executor ...
2023 Latest Caselaw 2704 Guj

      C/SA/69/2019                                ORDER DATED: 31/03/2023




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SECOND APPEAL NO. 69 of 2019
                           With
    CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL
                 EVIDENCES) NO. 1 of 2020
                            In
              R/SECOND APPEAL NO. 69 of 2019
                           With
    CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2020
                            In
              R/SECOND APPEAL NO. 69 of 2019
======================================
            RAKSHIT SURESHBHAI PATEL
                      Versus
JAYANTBHAI MOHANBHAI EXECUTOR ADMINSTRATOR OF
        PROPERTIES OF BUDHALAL POPATLAL
======================================
Appearance:
MR HRIDAY BUCH(2372) for the Appellant(s) No. 1
MR. VIMAL M. PATEL, ADVOCATE WITH                 MR.    HARSHRAJSINH              S
VAGHELA(8752) for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
======================================

CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                           Date : 31/03/2023
                             ORAL ORDER

The Second Appeal is filed against the judgment and decree dated 28th November, 2014 passed by the learned Civil Judge, Ahmedabad (Rural), wherein the Civil Judge was pleased to decree the suit in favour of the plaintiff. The said decree has been challenged by way of Regular Civil Appeal no.5 of 2015 by the defendant no.2 of the Civil Suit. The said appeal was dismissed vide judgment and order 11 th September, 2018.

Being aggrieved by the same, the said defendant no.2 has filed the present appeal. This appeal was admitted by order dated 22nd June, 2020 and the execution proceedings

C/SA/69/2019 ORDER DATED: 31/03/2023

were stayed.

During the pendency of this appeal, the parties have amicably settled the dispute between them. Mr. Buch, learned advocate for the appellant and Mr. Vimal Patel, learned advocate with Mr. Vaghela, learned advocate for the respondent no.1 has filed settlement purshis, which is taken on record. The parties have arrived at settlement for which separate agreement was executed between the parties and the learned advocate for the appellant has not pressed the second appeal. He also stated that if both the impugned judgments and decree are confirmed, no harm would be caused to the appellant and the possession of the disputed property will be handed over to the original plaintiff - respondent herein within the period of one week after passing of this order.

Under the circumstances, the second appeal stands disposed of as not pressed.

As the parties have settled the dispute amicably and the settlement purshis is filed, Registry is directed to issue the Court fee Certificate as per the law, in favour of the learned advocate for the appellant.

In view of the disposal of the main appeal, no orders in connected civil applications and the civil applications stand disposed of accordingly.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...