Romatbai Ismail Munjavar vs Patel Shivji Hirji
2025 Latest Caselaw 3218 Guj

Gujarat High Court

Romatbai Ismail Munjavar vs Patel Shivji Hirji on 19 February, 2025

                                                                                                                   NEUTRAL CITATION




                               C/SA/185/2022                                       ORDER DATED: 19/02/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/SECOND APPEAL NO. 185 of 2022

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                                                    ROMATBAI ISMAIL MUNJAVAR
                                                              Versus
                                                     PATEL SHIVJI HIRJI & ORS.
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                       Appearance:
                       MR. MRUGESH A BAROT(6709) for the Appellant(s) No. 1
                       MR.WASIM M PATHAN(6802) for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 3
                       SERVED BY PUBLICATION IN NEWS for the Respondent(s) No. 2
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                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                           Date : 19/02/2025

                                                            ORAL ORDER

1. The present Second Appeal has been filed challenging the judgment and order dated 18.09.2021 passed by the 10 th Additional District Judge, Bhuj-Kutch in Regular Civil Appeal No.12 of 2016 whereby the appellate Court confirmed the judgment and decree dated 24.09.2015 passed by the Principal Civil Judge, Dayapar, Dist.Kachchh in Regular Civil Suit No.05 of 2014 [Old No.80/2002]. The said suit was filed for cancellation of Sale Deed executed on 24.09.2002 bearing Registration No.1614 at Sub-Registrar, Nakhtrana whereby defendant no.2 of the original suit sold the property to defendant no.1 and as such the sale-deed with respect to property of present Respondent No.1 is under challenge.

2. Learned advocate for the respondent no.1 has filed affidavit wherein the said respondent no.1 has stated that he has no

NEUTRAL CITATION

C/SA/185/2022 ORDER DATED: 19/02/2025

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objection if the Second Appeal filed for quashing and setting aside the judgment and order dated 18.09.2021 passed by the 10 th Additional District Judge, Bhuj-Kutch in Regular Civil Appeal No.12 of 2016 so also the judgment and decree dated 24.09.2015 passed by the Principal Civil Judge, Dayapar, Dist.Kachchh in Regular Civil Suit No.05 of 2014 are quashed and set aside and the Second Appeal is allowed. Respondent No.1 is present in the Court and he has been identified by the learned advocate Respondent No.1. Moreover, the identity proof of Respondent No.1 is also taken on record.

3. In view of the above, the present Second Appeal is disposed of with consent given by Respondent No.1 in view of the settlement arrived at between the parties. Accordingly the the judgment and the judgment and order dated 18.09.2021 passed by the 10 th Additional District Judge, Bhuj-Kutch in Regular Civil Appeal No.12 of 2016 so also the judgment and decree dated 24.09.2015 passed by the Principal Civil Judge, Dayapar, Dist.Kachchh in Regular Civil Suit No.05 of 2014 are quashed and set aside. The present Second Appeal is disposed of accordingly.

(SANJEEV J.THAKER,J) MISHRA AMIT V.