Gujarat High Court
Uttambhai Naginbhai Bhandari vs Babubhai Natubhai Bhandari on 2 August, 2024
NEUTRAL CITATION
C/FA/3627/2011 ORDER DATED: 02/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3627 of 2011
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UTTAMBHAI NAGINBHAI BHANDARI & ORS.
Versus
BABUBHAI NATUBHAI BHANDARI & ORS.
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Appearance:
for the Appellant(s) No. 4.1,4.2,4.3
DECEASED LITIGANT for the Appellant(s) No. 4
MR. R.D.KINARIWALA(6146) for the Appellant(s) No. 1,2,3,5,6,7,8
MR AMIT V THAKKAR(3073) for the Defendant(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 02/08/2024
ORAL ORDER
Learned Advocate Mr. R.D. Kinariwala for the appellants has
placed on record the affidavit of settlement dated 21.5.2024, which is
taken on record. Alongwith the same, copy of settlement deed dated
27.6.2023 is also placed on record. The same is taken on record. The
notarized copy of the said settlement deed dated 29.7.2023 is also
placed on record.
It is further submitted that learned 3rd Additional Senior Civil
Judge, Surat by judgment and order dated 18.5.2011 has decreed the
suit and directed the defendant-present appellants to execute a
registered sale deed in favour of respondents by accepting the
NEUTRAL CITATION
C/FA/3627/2011 ORDER DATED: 02/08/2024
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remaining amount of consideration.
It is further submitted that since the dispute between the
parties has been settled, the aforesaid decree is required to be
modified.
Learned Advocate for the appellant submitted that
dispute between the parties has been settled in view of the
settlement deed dated 29.7.2023 and the appellant has by way of
affidavit dated 21.3.2024 has also confirmed that the appellant
Nos.1,2 and 6 will be the owners of the land admeasuring about
5446 square meters of eastern side whereas respondent - Mr.
Babubhai Natubhai Bhandari & Others will be the owners of
remaining 50% i.e. 5446 square meters of western side of the land.
The respective parties are in possession of their respective portions
of land.
Per contra, learned Advocate Mr. Amit Thakkar for the
respondent - original plaintiffs also confirmed the settlement which
has been arrived at between the parties pursuant to the settlement
deed dated 29.7.2023.
NEUTRAL CITATION
C/FA/3627/2011 ORDER DATED: 02/08/2024
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Learned Advocate Mr. Thakkar has also submitted that in view
of the settlement, the impugned judgment and decree may be
modified to the extent of consent terms.
Having considered the rival submissions and the affidavit of
settlement of appellants together with the settlement deed it
transpires that dispute has been amicably settled hence, in view of
the settlement deed dated 29.7.2023, judgment and decree dated
18.5.2011 passed 3rd Additional Senior Civil Judge, Surat is modified
to the extent that the plaintiffs and defendants are the owners and in
possession of the portion of land which is mentioned in paras 3 and 4
of the affidavit of settlement. The decree may be drawn in terms of
paras 3 and 4 of the affidavit of settlement dated 21.5.2024. Parties
to abide by the terms and conditions of the settlement deed dated
29.7.2023.
Direct service is permitted.
(D. M. DESAI,J)
MANISH MISHRA
