Harji Jina Kanbi vs Premji Hirji Bhudiya
2025 Latest Caselaw 8835 Guj

Gujarat High Court

Harji Jina Kanbi vs Premji Hirji Bhudiya on 17 December, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                             NEUTRAL CITATION




                              C/FA/2881/2025                                ORDER DATED: 17/12/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/FIRST APPEAL NO. 2881 of 2025
                                                            With
                                        CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                             In R/FIRST APPEAL NO. 2881 of 2025
                       ================================================================
                                                        HARJI JINA KANBI
                                                               Versus
                                                    PREMJI HIRJI BHUDIYA & ORS.
                       ================================================================
                       Appearance:
                       MR DARSHIT H RAVAL(11887) for the Appellant(s) No. 1
                       DS AFF.NOT FILED (N) for the Defendant(s) No. 3,4,5,6
                       MR HARSHIT S BHATT(12874) for the Defendant(s) No. 1,2
                       ================================================================
                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR.JUSTICE J. L. ODEDRA

                                              Date : 17/12/2025
                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This appeal is preferred challenging the impugned judgment and award dated 25.08.2023 passed in Special Civil Suit No.22 of 2019 by learned 3 rd Additional Senior Civil Judge, Bhuj at Kutch. The appellant before the Court is the original defendant. The matter was listed yesterday and was placed today as leaned advocates for both the sides had indicated about the prospect of settlement.

2. When the matter was called out today, learned advocates for both the sides have jointly placed on record the case status with regard to the execution proceedings arising from the very impugned judgment and order being Special Execution Application No.5 of 2024,

NEUTRAL CITATION

C/FA/2881/2025 ORDER DATED: 17/12/2025

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wherein on 15.10.2025, on the basis of the withdraw purshis vide Exh.29, the execution proceedings have been disposed of recording the compromise that is arrived at between the parties.

3. In view of the aforesaid statement of fact coming on record, the present appeal is not required to be dealt with at this stage and hence, stands disposed of in terms of the settlement arrived at between the parties and which is placed before the Principal Senior Civil Judge, Bhuj at Kutch in Special Execution Petition No.5 of 2024. The parties to comply with the terms and condition of settlement.

4. With the aforesaid observation, the appeal stands disposed of.

5. Consequently, Civil Application for stay does not survive and hence, disposed of.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J) SIDDHARTH