C.R. Patel vs Patel Dineshkumar Ambalal Prop. Of Dina ...
2025 Latest Caselaw 468 Guj

Gujarat High Court

C.R. Patel vs Patel Dineshkumar Ambalal Prop. Of Dina ... on 1 July, 2025

                                                                                                                      NEUTRAL CITATION




                               C/FA/2563/2006                                         ORDER DATED: 01/07/2025

                                                                                                                      undefined




                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                            R/FIRST APPEAL NO. 2563 of 2006

                        =======================================
                                                C.R. PATEL & ORS.
                                                       Versus
                            PATEL DINESHKUMAR AMBALAL PROP. OF DINA POTATO
                                                SUPPLIERS & ANR.
                        =======================================
                        Appearance:
                        MS HETA PANCHAL FOR HL PATEL ADVOCATES(2034) for the
                        Appellant(s) No. 1,4,5
                        MR MANAN PANDYA FOR MR SP MAJMUDAR(3456) for the
                        Appellant(s) No. 1,2,3,4,5,6,7
                        RULE SERVED for the Defendant(s) No. 1,2
                        =======================================

                          CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                                PRACHCHHAK

                                                           Date : 01/07/2025

                                                              ORAL ORDER

1. Present appeal is filed by the appellants - original defendants under Section 96 of the Civil Procedure Code against the impugned judgment and decree passed by the learned Principal Senior Civil Judge, Vijapur in Special Civil Suit No. 9 of 2003 whereby the learned Judge has allowed the suit filed by the respondents - original plaintiffs and ordered to pay Rs.15,80,000/- to the plaintiffs and the decree was drawn.

2. Being aggrieved, the appellants have preferred the present appeal. In the interregnum period, criminal proceedings with

NEUTRAL CITATION

C/FA/2563/2006 ORDER DATED: 01/07/2025

undefined

regard to returning of the cheque for the said amount was filed and the parties have arrived at settlement and the affidavit with regard to the settlement dated 10.02.2025 was filed before this Court. On the basis of the said settlement, execution application and criminal proceedings filed by the otherside were disposed of.

3. In view of the affidavit filed on behalf of the appellants in the present appeal, the Coordinate Bench of this Court on 12.02.2025 issued fresh notice of rule to the respondents, which was served, however, they have chosen not to appear before this Court.

4. In view of the aforesaid facts and circumstances and the affidavit, the present appeal stands disposed of. Record and proceedings be transmitted back to the concerned Court forthwith.

5. Pending civil application, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith.

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL