Gujarat High Court
Hetalben W/O Kiritbhai Balubhai Patel ... vs Ramanbhai Lallubhai Patel on 22 July, 2025
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C/FA/3680/2018 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3680 of 2018
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HETALBEN W/O KIRITBHAI BALUBHAI PATEL AND D/O RAMANBHAI
LALLUBHAI PATEL
Versus
RAMANBHAI LALLUBHAI PATEL & ORS.
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Appearance:
MR AMIT K DAVE(5860) for the Appellant(s) No. 1
MR KT DAVE(257) for the Appellant(s) No. 1
MR MANAN A SHAH(5412) for the Defendant(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 22/07/2025
ORAL ORDER
1. When the matter is called out, learned advocate for
the respective parties have jointly submitted that the
parties have already settled the matter outside the Court.
They have entered into an agreement for amicable
settlement and the consent terms and conditions are also
enumerated in vernacular language. The said settlement
agreement, which is a notarized document, is bearing
signatures of all the concerned parties. The same is
produced before the Court alongwith the affidavit filed by
the appellant for withdrawal of the present appeal,
wherein, she has stated that without any duress or any
compulsion she has settled the dispute and she does not
want to pursue the present proceedings. The same is
taken on record.
2. The consent terms and conditions of the settlement
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agreement are reproduced hereunder :
Settlement Agreement
On this 11th day of February month of the year 2025, i.e., Vikram
Samvat 2081, Magha Shukla Paksha Chaturdashi, Tuesday :-
First Party :
(1) Ramanbhai Lallubhai Patel; Age around 85 years, Occupation :
Farming, Resident of : Rutumbhara Society, Near Gayatri Temple,
Morabhagal, Rander, Surat.
(2) Ushaben, w/o Ramanbhai Lallubhai; Age around 67 years,
Occupation : Farming, Resident of : Rutumbhara Society, Near
Gayatri Temple, Morabhagal, Rander, Surat.
(3) Ankitkumar Ramanbhai Patel; Age around 41 years,
Occupation : Farming, Resident of : Rutumbhara Society, Near
Gayatri Temple, Morabhagal, Rander, Surat.
(4) Keyuriben Pratikbhai Patel, d/o Ramanbhai Lallubhai Patel;
Age around 37 years, Occupation : Home-maker, Resident of : E/82,
Suryapur Society, Adajan Patiya, Adajan, Surat.
And
Second Party :
(1) Hetalben, d/o Ramanbhai Lallubhai Patel and w/o Kiritbhai
Balubhai Patel; Age around 53 years, Occupation : Home-maker,
Resident of : 201-Anmol Apartment, Sarpanch Maholla, Adajan,
Surat.
And
Third Party :
(1) Patel Swati Parasbhai, d/o Kiritbhai Balubhai Patel; Age
around 33 years, Occupation : Home-maker, Resident of : C/6-602,
Anjani Heights, near Chitrakoot Row-house, Jahangirpura, Bhesan,
Surat.
(2) Patel Vickykumar Kiritbhai; Age around 31 years, Occupation :
Service, Resident of : 201, Anmol Apartment, Sarpanch Maholla,
Adajan village, near Srinath Chowk, Adajan, Surat.
That, we, the parties, through this agreement of
settlement/understanding, write and state to each other that,
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(1) The old tenure land bearing Revenue Survey Number 133, Block
Number 87, situated in Moje Village Jahangirabad, Taluka Adajan,
District Surat, admeasuring a total area of hectares-ares-Sq. Meter
5-69-60, i.e., 56,960 square meters, with an assessment amount of
82.25/- paise. The said old tenure land is owned, possessed,
occupied, and administered by the First Party.
(2) The Second Party, namely Hetalben, daughter of Ramanbhai
Lallubhai Patel and wife of Kiritbhai Balubhai Patel, asserted a claim
for right, interest, and share in the said land by virtue of being a
daughter of Ramanbhai Lallubhai Patel and she instituted Special
Civil Suit No. 308/2012 before the learned 13 th Additional Senior
Civil Judge, Surat. The Court dismissed the said suit on 02/04/2018.
Being aggrieved, the Second Party, Hetalben, daughter of
Ramanbhai Lallubhai Patel and wife of Kiritbhai Balubhai Patel,
preferred First Appeal No. 3680/2018 before the Hon'ble High Court
of Gujarat, which is presently sub judice.
(3) The Third Party, being the Confirming Party, is the son/daughter of
the Second Party and has been joined as a party to this Settlement
Agreement to preclude any technical reasons in future.
(4) This Agreement has been executed by and between the Parties,
facilitated by the mediation of certain respected individuals, outside
the Court. The Parties, having resolved to arrive at this settlement
without delving into the merits or demerits of the dispute, hereby
execute this Settlement Agreement on this day, subject to the
following conditions. We, both the Parties, have to toe the line and
keep the promise.
CONDITIONS
A. The old tenure land bearing Revenue Survey Number 133, Block
Number 87, situated in Moje Village Jahangirabad, Taluka Adajan,
District Surat, admeasuring a total area of hectares-ares-Sq.
Meteres 5-69-60, equivalent to 56,960 square meters, with an
assessment amount of 82.25/- paise. The said old tenure land is
owned, possessed, occupied, and entered in the revenue records in
the name of the First Party. Hence, the Second and Third Party
accept it.
B. Without delving into the merits or demerits of the dispute that has
arisen among us, it is hereby mutually agreed that a sum of Rupees
Seven Crores (₹ 7,00,00,000/-) only shall be paid by the First Party
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to the Second Party. The said amount shall be remitted by the First
Party to the Second Party within two (2) years from the date of
execution of this Settlement Agreement.
C. Today, the First Party has paid a sum of Rupees Seven Crores only ₹
7,00,00,000/- to the Second Party by way of Cheques. The details
thereof are as under :
DETAILS
No. Name of Cheques Cheque Amount Date
Bank bearing No.
name of
the First
Party
(1) (1) State No. 1 273078 25,00,000/- 11/02/2025
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273032 25,00,000/- 11/02/2025
(3) The Surat No. 3 400004 25,00,000/- 11/02/2025
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400001 25,00,000/- 11/02/2025
Total 1,00,00,00
0/-
(2) (1) State No. 1 273079 12,50,000/- 11/05/2025
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273033 12,50,000/- 11/05/2025
(3) The Surat No. 3 400005 12,50,000/- 11/05/2025
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400002 12,50,000/- 11/05/2025
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Total 50,00,000/
-
(3) (1) State No. 1 273080 12,50,000/- 11/08/2025
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273034 12,50,000/- 11/08/2025
(3) The Surat No. 3 400006 12,50,000/- 11/08/2025
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400003 12,50,000/- 11/08/2025
Total 50,00,000/
-
(4) (1) State No. 1 273081 12,50,000/- 11/11/2025
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273035 12,50,000/- 11/11/2025
(3) The Surat No. 3 400007 12,50,000/- 11/11/2025
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400004 12,50,000/- 11/11/2025
Total 50,00,000/
-
(5) (1) State No. 1 273082 12,50,000/- 11/02/2026
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273036 12,50,000/- 11/02/2026
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(3) The Surat No. 3 400008 12,50,000/- 11/02/2026
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400005 12,50,000/- 11/02/2026
Total 50,00,000/
-
(6) (1) State No. 1 273083 12,50,000/- 11/05/2026
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273037 12,50,000/- 11/05/2026
(3) The Surat No. 3 400009 12,50,000/- 11/05/2026
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400006 12,50,000/- 11/05/2026
Total 50,00,000/
-
(7) (1) State No. 1 273084 25,00,000/- 11/08/2026
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273038 25,00,000/- 11/08/2026
(3) The Surat No. 3 400010 25,00,000/- 11/08/2026
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400007 25,00,000/- 11/08/2026
Total 1,00,00,00
0/-
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(8) (1) State No. 1 273085 25,00,000/- 11/11/2026
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273039 25,00,000/- 11/11/2026
(3) The Surat No. 3 400011 25,00,000/- 11/11/2026
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400008 25,00,000/- 11/11/2026
Total 1,00,00,00
0/-
(9) (1) State No. 1 273086 25,00,000/- 11/02/2027
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273040 25,00,000/- 11/02/2027
(3) The Surat No. 3 400012 25,00,000/- 11/02/2027
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
(4) As Above No. 4 400009 25,00,000/- 11/02/2027
Total 1,00,00,00
0/-
(10) (1) State No. 1 273087 12,50,000/- 11/03/2027
Bank of India,
Morabhagal
Branch
(2) As Above No. 2 273041 12,50,000/- 11/03/2027
(3) The Surat No. 3 400013 12,50,000/- 11/03/2027
Dist. Co.-Op.
Bank Ltd.,
Morabhagal
Branch
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(4) As Above No. 4 400010 12,50,000/- 11/03/2027
Total 50,00,000/
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Thus, a total sum of Rupees Seven Crores (₹ 7,00,00,000/-)
The Second Party hereby acknowledges receipt of the said amount.
D. The First Party shall pay the Second Party an installment of Rs.
7,00,00,000/- (Rupees Seven Crore only) every three months,
starting from the date of settlement agreement. The remaining
balance must be paid in full within a period of two (2) years. Any
amount paid by the First Party to the Second Party, whether by
cheque or cash, a receipt must be issued and the receipt should be
signed, affixing thumb impression and affixed with a revenue stamp
under this settlement agreement.
E. The Second Party has filed First Appeal No. 3680 of 2018 before the
Hon'ble Gujarat High Court. In this connection, the First Party has
also filed Special C.A. No.15985 of 2024, and the next adjournment
is scheduled on 10/02/2025. As part of this settlement agreement,
the Second Party must unconditionally withdraw Special C.A. No.
15985 of 2024. If deemed necessary, on the basis of instructions
and advice of their advocates of the Hon'ble Gujarat High Court, a
copy of this settlement agreement is to be produced before the
Honorable Gujarat High Court.
F. The First Party has initiated the process to obtain planning
permission from the Surat Municipal Corporation for the
development of the said land by submitting a plan. Therefore, the
First Party has filed Special C.A. No. 15985 of 2024. Therefore,
Special C.A. No. 15985 of 2024 is to be unconditionally withdrawn.
Further, the Second Party must execute and submit "No Objection
Certificate" addressed to the Surat Municipal Corporation, in the
presence of a notary. Under no circumstances, the Second Party
shall not obstruct the development work or any other related
proceedings, nor shall they perform or cause to be performed any
such acts.
G. Upon full payment of the agreed-upon amount by the First Party to
the Second Party in this settlement agreement, the Second Party
shall execute released registered deed without any consideration in
favor of the First Party or the Second Party shall execute any and all
other registered documents as advised by legal counsel.
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H. Once the First Party has made the full payment to the Second Party,
the First Appeal No. 3680 of 2018, filed before the Hon'ble Gujarat
High Court, shall be withdrawn unconditionally.
I. If the First Party initiates any proceedings concerning the said land,
such as block division or non-agricultural conversion at the Office of
Collector or Office of Mamlatdar, Surat, the Second Party shall not
raise any objection or hindrance. Further, if the Second Party has
submitted any objection application, it must be unconditionally
withdrawn and "No Objection Certificate" of the notary must be
submitted.
J. Under any circumstances the Second Party shall not obstruct or
hinder any actions, procedures, or acts undertaken or caused to be
undertaken by the First Party to obtain permissions from
Government or Semi-Government offices for the development of the
said land or for construction. Based on this settlement agreement,
it shall be considered that the Second Party has given their consent
for such acts and proceedings.
K. The Second Party shall not execute or cause to be executed, any
documents to transfer, assign, or convey to any third party by
stating their purported share, rights, interests or claim in the said
land. Further, the Second Party has to give assurance and
guarantee to the First Party that, as of this date, they have not sold,
mortgaged, gifted, or otherwise transferred or assigned their
purported undivided share in the said land to any other third party.
However, any such documents are found despite this assurance, the
Second Party shall bear full responsibility for their cancellation and
for resolving any disputes arising therefrom. If, under any
circumstances, the First Party is compelled to undertake any such
responsibility again, they shall be entitled to recover and deduct
any resulting financial expenses from the amount stipulated in this
settlement agreement.
L. If This settlement agreement definitively settles all matters
pertaining to any other immovable or movable property at present
owned by, or that may be found in the future to be owned by the
First Party in addition to the aforementioned land. Therefore,
neither the Second Party nor any Third Party shall have the right to
dispute any claims of right, interest, or share in any other
immovable or movable properties belonging to the First Party that
may be found or discovered, in addition to the said land in the
future and if it would happened then it shall be deemed null and
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void by virtue of this agreement.
M. The Second Party hereby accepts the amount stipulated in this
settlement agreement of their share, along with the payment of
determined amount and timelimit. In short, the Second Party is only
entitled to receive the determined amount from the First Party.
Upon receipt of the full payment, the Second Party shall
unconditionally withdraw First Appeal No. 3680 of 2018. However, if
the First Party fail to make the said payment within the stipulated
time-limit, the Second Party shall be entitled to recover that amount
with annual interest at 9%, through legal proceedings. The First
Party hereby accepts and agrees to this condition.
(5) This settlement agreement has been prepared in two copies. Both
copies have been executed by all parties with their respective
signatures, thumb impressions, photographs, and supporting proofs
in the presence of a Notary. Both copies shall be considered original
and each party shall keep one copy.
This agreement has been made by all parties willingly, voluntarily,
with full understanding and sound judgment, having read and
comprehended its contents, in a sober and healthy state of mind, free
from any pressure or coercion, and have executed this agreement for the
mutual benefit of each other. This agreement is and shall remain
acceptable, approved and all parties and their respective lineal
descendants, heirs, and all others concerned.
Signed .......... Attested
First Party:-
Sd/- Sd/-
(Ramanbhai Lallubhai Patel)
(Witness No. 1)
Rakeshbhai Bharatbhai Patel
Mob. No. 9825110440
Sd/- Sd/-
Lallubhai) Niranjanbhai Baksharam
Chaudhari
Mob. No. 7202000518
Sd/-
(Ankitkumar Ramanbhai Patel)
Sd/-
Keyuriben Pratikbhai Patel D/o Ramanbhai Lallubhai Patel
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Second Party:-
Sd/-
(Hetalben Ramanbhai Patel W/o Kiritbhai Balubhai Patel)
Third Party:-
Sd/-
(Patel Swati Parasbhai)
Sd/-
(Patel Vickykumar Kiritbhai)
3. In view of above, the present appeal is disposed of as
withdrawn, as the parties have already settled the dispute
by entering into settlement agreement as above. No order
as to costs. Decree be drawn accordingly in view of the
settlement. Record and proceedings, if any, be sent back
to the concerned Court forthwith.
4. It is clarified that this Court has not entered into the
merits of the matter.
(HEMANT M. PRACHCHHAK,J)
Dolly
