Devjibhai Virjibhai Patel vs Trustees Of Murlidhar Mandir ...
2023 Latest Caselaw 7068 Guj

                                                                                     NEUTRAL CITATION




       C/SA/438/1982                                 ORDER DATED: 25/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SECOND APPEAL NO. 438 of 1982

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                 DEVJIBHAI VIRJIBHAI PATEL
                          Versus
TRUSTEES OF MURLIDHAR MANDIR RAJESHKUMAR BABUBHAI PATEL.
                        & 5 other(s)
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Appearance:
DECEASED LITIGANT for the Appellant(s) No. 1,1.1,1.2,1.5
HL PATEL ADVOCATES(2034) for the Appellant(s) No.
1.2.1,1.2.2,1.2.3,1.2.4,1.3,1.4,1.5.1,1.5.2,1.5.3
DELETED for the Respondent(s) No. 10,11,7,8,9
MR DU SHAH(749) for the Respondent(s) No. 2
MR. KM ANTANI(6547) for the Respondent(s) No. 1,3,4,5,6
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 25/09/2023

                                ORAL ORDER

1. Heard learned counsel for the respective parties.

2. Learned advocate Mr. Karnav Antani for the respondents has placed on record the resolution passed by the Shri Murlidhar Temple Trust. Same is taken on record.

3. In view of the compromise arrived at between the parties, the Trust herein has decided to let the dispute property to legal heirs of deceased Devjibhai Virjibhai Patel for a period of 34 months and according to resolution, the parties have agreed to set aside the decree passed by the trial Court as well as the judgment and order passed by the Appellate Court.

                                                                                   NEUTRAL CITATION




        C/SA/438/1982                             ORDER DATED: 25/09/2023

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4. Considering the terms and conditions of the compromise, as mentioned in the resolution, without entering into the merits of the case, the impugned judgment and decree dated 24,10.1980 passed in Regular Civil Suit No. 136 of 1977 and the judgment and order dated 14.09.1982 passed in Regular Civil Appeal No. 301 of 1980, confirming the decree passed by the trial Court, are hereby quashed and set aside.

5. In view of the compromise terms, present Appeal is disposed of. Decree be drawn accordingly.

(ILESH J. VORA,J) P.S. JOSHI