Naranbhai Savdasbhai Mokariya vs Paschim Gujarat Vij Company Limited ...
2025 Latest Caselaw 3341 Guj

Gujarat High Court

Naranbhai Savdasbhai Mokariya vs Paschim Gujarat Vij Company Limited ... on 24 February, 2025

                                                                                                              NEUTRAL CITATION




                             C/FA/1879/2010                                    ORDER DATED: 24/02/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                            R/FIRST APPEAL NO. 1879 of 2010
                      ==========================================================
                                     NARANBHAI SAVDASBHAI MOKARIYA
                                                  Versus
                        PASCHIM GUJARAT VIJ COMPANY LIMITED THRU ITS DEPUTY ENGINEER
                                  VIDE HONBLE COURTS ORDER DTD 30072024
                      ==========================================================
                      Appearance:
                      MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1
                      MR CHINMAY M GANDHI(3979) for the Defendant(s) No. 1
                      MS RUMI M GANDHI(3472) for the Defendant(s) No. 1
                      ==========================================================
                           CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                             Date : 24/02/2025
                                                ORAL ORDER

1. Learned advocates appearing for the respective parties have

jointly placed on record the order dated 21.12.2024 passed below

Exh.1 in execution proceedings being Execution Application No.23 of

2010, whereby the learned Judge has disposed of the execution

proceedings on the ground of settlement entered upon between the

parties to the proceedings. Learned advocates, therefore, urged this

Court that the present appeal arising out of the same impugned

judgment and order, which was sought to be executed in the

execution proceedings, does not survive.

2. Mr. Nirav C. Thakkar, learned advocate on record for the

appellant, seeks permission of this Court for refund of the court fees,

which is deposited at the time of registration of first appeal.

3. Considering the submissions made by learned advocates for the

NEUTRAL CITATION

C/FA/1879/2010 ORDER DATED: 24/02/2025

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respective parties and noticing the order dated 21.12.2024 passed by

learned 3rd Additional Chief Judicial Magistrate, Porbandar in

executing proceedings being Execution Application No.23 of 2010,

whereby the impugned judgment and order dated 21.12.2009 passed

by learned 2nd Additional Senior Civil Judge & Judicial Magistrate First

Class, Porbandar in Special Civil Suit No.74 of 2002 was sought to be

executed, the parties to the proceedings have entered into the

settlement agreement.

4. In view of the settlement agreement entered upon between the

parties as recorded by the learned Judge, the present appeal does not

survive. Hence, the present appeal stands disposed of, in view of the

settlement.

5. Noticing the fact the matter was settled before the Lok Adalat

in the execution proceedings, Registry is directed to examine the

aforesaid issue and to pass appropriate orders in this regard. The

appellant is permitted to apply for refund of the court fees before the

Registry of this court.

6. Registry is directed to send back the record and proceedings to

the concerned court forthwith.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA