Gujarat High Court
Girdharbhai Hamirbhai Thacker Died ... vs Amratlal Hamirbhai Thacker on 8 April, 2025
NEUTRAL CITATION
C/SA/197/2008 ORDER DATED: 08/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 197 of 2008
With
R/SECOND APPEAL NO. 262 of 2008
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GIRDHARBHAI HAMIRBHAI THACKER DIED THROUGH LHR & ORS.
Versus
AMRATLAL HAMIRBHAI THACKER & ORS.
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1.1,1.2,1.3
MR RAHUL K DAVE(3978) for the Appellant(s) No. 1.1,1.2,1.3
DELETED for the Respondent(s) No. 2.1,2.2,2.7,3,5.1,5.2,5.4
MR NL RAMNANI(2400) for the Respondent(s) No. 1,5.3
MR TV SHAH(808) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2.3,2.4,2.5,2.6,4
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 08/04/2025
ORAL ORDER
1. The present Second Appeal arises out of the the judgment and
decree passed in Civil Suit No.119 of 1978 whereby the said suit was
allowed and the property is described in schedule A & B of the plaint
were held to be joint family properties. The said judgment and decree
passed by the trail Court by way of First Appeal No.17 of 2006,
whereby, by a judgment and decree dated 13.05.2008, survey
No.533/1, 533/2, 539, 475, 762, 768/2 were excluded from joint family
properties and the remaining properties mentioned in schedule A & B
were held that there will be 1/3rd share to each brother and aggrieved
by the said order the plaintiffs and defendant of Civil Suit No.100 of
1978 have preferred Second Appeal No.197 of 2008 and Second
Appeal No.262 of 2008.
2. Today when the matter is called out, a compromise purshis has
been filed by Amratlal Thakkar wherein the original plaintiff has filed
NEUTRAL CITATION
C/SA/197/2008 ORDER DATED: 08/04/2025
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the compromise purshis wherein it has been stated that the branch of
Tokarshi Hamirbhai Thakkar will get the survey No.531, 533/1, 533/2
and 776 as well as hold house No.1/56 new No.2/65 and also plot
No.5 of 88 in the said affidavit, the following has been agreed
between the parties:-
Tokarshi Hamirbhai Thakkar
Survey No. Kshetrafal Khetar Name Gaam
531 4H29RS98 sqm Kumbha Saryu Maay
533/1 1H51RA76 sqm Kumbha Saryu Maay
533/2 1H32RA54 sqm Kumbha Saryu Maay
776 2H64RA06 sqm Aghoriyu Maay
Makaan Kharoi
Old - 1/56
New - 2/65
Plot Nishrawada Vaas Kharoi
New - 5/88
Girdharlal Hamirbhai Thakkar
Survey No. Kshetrafal Khetar Name Gaam
539 4H66RA40 sqm Kumbha Saryu Maay
468 1H90RA20 sqm Kumbha Saryu Maay
13 1H34RA64 sqm Kakaryu Naer
66/1 1H39RA62 sqm Dhoidi Vadi Kharoi
Makaan Kharoi
Old - 2/123
New - 2/31
Amratlal Mamirbhai Thakkar
Survey No. Kshetrafal Khetar Name Gaam
224 4H28RA97 sqm Vagadwo Kharoi
398/3 1H59RA0.5 sqm Naer Kandhiyu Kharoi
NEUTRAL CITATION
C/SA/197/2008 ORDER DATED: 08/04/2025
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496/2 1H33RA55 sqm Padhardu Kharoi
153/3 0H53RA60 sqm Kaadhvari Kharoi
Makaan Kharoi
Old - 1/1
New - 1/1
Dukan Kharoi
New - 2/13
3. The compromise affidavit has been filed by the Amrutlal
himself, Pujara Vijayaben Chamanlal, Prabhulal Thakersinh,
Chandrikaben Shantilal Thaker and compromise which is also filed
by Ishwarlal Girdharlal Thaker, Sanadkumr Girdharlal Thakker,
Bhagwati Harshad Thakker, Dr. Girdharlal Thakker and in view of
the said compromise that has been arrived at between the parties,
each party is getting the share as mentioned in the said compromise
decree and as per the facts stated in the paragraph No.2.
4. In view of the said fact the judgment and decree passed in Civil
Suit No.100 of 1978 and First Appeal No.17 of 2006 is quashed and
set aside and decree to be drawn in terms of the consent terms that
have arrived at between the parties and each party shall become the
owner of the individual properties mentioned at paragraph No.2.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
