Gujarat High Court
Rajen Ramabhai Patel Thro Poa Ramanbhai ... vs Daxaben Sureshbhai Amin on 28 April, 2025
NEUTRAL CITATION
C/SA/87/2008 ORDER DATED: 28/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 87 of 2008
With
R/SECOND APPEAL NO. 88 of 2008
==========================================================
RAJEN RAMABHAI PATEL THRO POA RAMANBHAI MANIBHAI
Versus
DAXABEN SURESHBHAI AMIN & ORS.
==========================================================
Appearance:
MR SHITAL R PATEL(2166) for the Appellant(s) No. 1
MR HM PARIKH(574) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 28/04/2025
ORAL ORDER
ORDER IN SECOND APPEAL NO.88 OF 2008
1. The present Second Appeal has been filed challenging
the judgment and decree dated 24.01.2007 passed by the
learned 2
nd
Additional Senior Civil Judge, Anand, in Special
Civil Suit No.123 of 1995 as well as judgment and order
dated 05.03.2008 by learned Additional District Judge and
Presiding Officer, Fast Track Court No.4, Anand in Regular
Civil Appeal No.29 of 2007. The respondent No.1 herein had
filed Special Civil Suit No.123 of 1995 and after taking into
consideration the oral evidence and documentary evidence and
giving finding on all the issues, the trial court by an order
NEUTRAL CITATION
C/SA/87/2008 ORDER DATED: 28/04/2025
undefined
dated 24.01.2007 allowed the said suit and declared the sale
deed dated 30.04.1990 as null and void. Documents executed
by defendant No.1 in favour of defendant No.2 and 3
dated 04.06.1992 were also declared null and void and the
defendants were directed not to disturb the possession of the
plaintiff. The said order was challenged by way of Regular
Civil Appeal No. 28 of 2007 and Regular Civil Appeal No.29
of 2007 which were also dismissed. The learned advocate for
the parties have produced the compromise agreement which
has been signed by the parties to the present proceedings.
The learned advocate for the parties identified the signatures
of the parties in the said compromise agreement. Respective
appellants and the respondents are also present before the
Court and are identified by the learned advocate for the
respective parties. It has been stated that in view of the
compromise that has been arrived at, it is required that the
Judgment and decree passed in Special Civil Suit No. 123 of
1995 and Judgment and decree passed in Regular Civil
Appeal No.29 of 2007 is required to be modified in terms of
the compromise agreement. Compromise agreement is taken
on record.
2. In view of the same, the judgment and decree passed
in Special Civil Suit No. 123 of 1995 and Judgment and
decree passed in Regular Civil Appeal No.29 of 2007
NEUTRAL CITATION
C/SA/87/2008 ORDER DATED: 28/04/2025
undefined
is modified to the terms of the compromise agreement.
3. In view of the above, present Second Appeal is disposed
of as settled.
ORDER IN SECOND APPEAL NO.87 OF 2008
1. In view of the settlement that has been arrived at and
which has been recorded in Second Appeal No.88 of 2008, the
present Second Appeal becomes infructuous and the learned
advocate for the appellant seeks permission to withdraw the
present Second Appeal.
2. Permission, as sought for, is granted.
3. The Second Appeal No.87 of 2008 is disposed of as
withdrawn.
(SANJEEV J.THAKER,J)
MAYA
