Gujarat High Court
L/H Of Late Shri Prakash Hiralal Khichi vs Nanabhai Shamalbhai Patel on 18 February, 2025
NEUTRAL CITATION
C/CRA/247/2019 ORDER DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 247 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In R/CIVIL REVISION APPLICATION NO. 247 of 2019
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L/H OF LATE SHRI PRAKASH HIRALAL KHICHI & ORS.
Versus
NANABHAI SHAMALBHAI PATEL
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Appearance:
MR BC DAVE(245) for the Applicant(s) No. 1,1.1,1.2,1.3
MR KV SHELAT(834) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/02/2025
ORAL ORDER
1. Present Revision Application has been filed by the
petitioners challenging the judgment and decree passed by the
learned Appellate Bench No.1 of Small Causes Court at
Ahmedabad in Civil Appeal No.79 of 2014 on 16.02.2019,
whereby the Appellate Court of Small Cause Court has confirmed
the judgment and decree passed by the learned Judge, Small
Causes Court No.2, Ahmedabad in H.R.P. Suit No.156 of 2007. For
the sake of convenience, applicants - original defendants and
respondents - original plaintiff.
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C/CRA/247/2019 ORDER DATED: 18/02/2025
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2. The Appellate Court has rejected the appeal filed by the
petitioners and the Trial Court in H.R.P. No.156 of 2007 had
directed the defendant to hand over vacant and peaceful
possession of the suit premises to the plaintiff, within two
months and also directed the defendant to pay Rs.190/- towards
two months rent to the plaintiff and also directed to pay mesne
profit of the suit premises to the plaintiff at the rate of Rs.90/-
p.m. from the date of the suit till the plaintiff recovers vacant and
peaceful possession of the suit premises.
3. Learned advocate Mr. B. C. Dave for the applicants and
learned advocate Mr. K. V. Shelat for the respondent have jointly
submitted that parties have arrived at amicable settlement.
4. In view of settlement arrived at between the parties, the
respondent shall vacant the suit premises within a period of one
and half years, i.e. on or before 31.08.2026 and the respondent
shall also file the undertaking before the Court and the said
undertaking shall also mention that, till the time the petitioners
handover the peaceful and vacant possession of the premises as
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C/CRA/247/2019 ORDER DATED: 18/02/2025
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mentioned herein above, the petitioners shall also pay mesne
profit as per order passed by the Small Cause Court No.2 in H.R.P.
No.156 of 2017.
5. In view of said undertaking to be filed, the petitioners
withdraw the present petition unconditionally as defendant will
hand over the vacant and peaceful possession of the suit
premises to the respondent within a period of one and half years
and in view of said undertaking given by the petitioners the
respondent shall also not execute the said judgment and order
dated 16.02.2019 passed by the Learned Small Causes Court at
Ahmedabad in Civil Appeal No.79 of 2014 till 31.08.2026. The trial
Court in H.R.P. No.156 of 2007, the plaintiff shall not be entitled
to be occupied the premises after 31.08.2026. The undertaking
shall be filed within a period of one week from today.
6. In view of above, the present petition is disposed of as
withdrawn.
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In view of the aforesaid order passed in the main matter,
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C/CRA/247/2019 ORDER DATED: 18/02/2025
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present application would not survive and stands disposed of
accordingly.
(SANJEEV J.THAKER,J)
Vikramsinh Amarsinh
