Naishadh Mansukhbhai Joshi vs Madhukant Purushotam Engineer
2024 Latest Caselaw 1007 Guj

Gujarat High Court

Naishadh Mansukhbhai Joshi vs Madhukant Purushotam Engineer on 6 February, 2024

                                                                                             NEUTRAL CITATION




       C/SA/276/2021                                        ORDER DATED: 06/02/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SECOND APPEAL NO. 276 of 2021
                                  With
              CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
                    In R/SECOND APPEAL NO. 276 of 2021
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                    In R/SECOND APPEAL NO. 276 of 2021
==========================================================
                         NAISHADH MANSUKHBHAI JOSHI
                                   Versus
                       MADHUKANT PURUSHOTAM ENGINEER
==========================================================
Appearance:
MR.HITENDRA D RAJPUT(7224) for the Appellant(s) No. 1
UTSAV P PARIKH(8223) for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 06/02/2024

                                  ORAL ORDER

1. This Second Appeal is filed being aggrieved and

dissatisfied with the judgment and decree dated 28.9.2021

dated 30.9.2021 passed by the learned 14 th Additional District

Judge, Rajkot in Regular Civil Appeal No.5 of 2010 preferred

against the judgment and decree dated 30.12.2009 as passed

by the learned 10 th Additional Senior Civil Judge, Rajkot in

Regular Civil Suit No.2604 of 1994 (Old No.Sp.C.S.No.35 of

1988).

2. Civil Application No.1 of 2023 is filed in the

Second Appeal to pass the consent decree in the captioned

NEUTRAL CITATION

C/SA/276/2021 ORDER DATED: 06/02/2024

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appeal in terms of Settlement Agreement dated 03/10/2023

executed between applicant and opponent under the provisions

of Order 23 Rule 3 of Civil Procedure Code, 1908. The

settlement agreement dated 4.10.2023 is produced along with

the said application wherein the Second Appeal is mentioned

as 272 of 2021 instead of 276 of 2021.

3. Today, learned advocates for the parties have

tendered the corrected copy of the settlement agreement

dated 9.1.2024 duly notarized, which is taken on record. The

said agreement is duly signed by both the parties-Naishadh

Mansukhbhai Joshi and Madhukant Purushotam Engineer.

4. In view of the above, the Civil Application No.1 of

2023 is allowed. The parties will abide by the agreement

dated 4.10.2023 and the corrected agreement dated 9.1.2024.

5. In view of this, no order is required to be passed

in the Second Appeal and the Civil Application No.1 of 2021

for stay. Accordingly, they stand disposed of.

(SANDEEP N. BHATT,J) SRILATHA