Gujarat High Court
Shabbirali Kasamali Jasani vs Mamta Sanjay Sharma on 5 May, 2025
NEUTRAL CITATION
C/FA/3381/2010 ORDER DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3381 of 2010
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2025
In
R/FIRST APPEAL NO. 3381 of 2010
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SHABBIRALI KASAMALI JASANI & ORS.
Versus
MAMTA SANJAY SHARMA & ANR.
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Appearance:
ADVOCATE NAME DELETED for the Appellant(s) No. 1
MR KARTIKEJ KANOJIYA FOR MR DIGANT M POPAT(5385) for the
Appellant(s) No. 1.1,1.3,2
MR GM AMIN(124) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 05/05/2025
ORAL ORDER
1. This appeal arises from the judgment and decree passed by the
learned 2nd Additional Senior Civil Judge, Valsad Camp at Vapi in
Special Civil Suit No. 65 of 2007 dated 25.03.2010 by which the
learned Civil Judge dismissed the suit filed by the appellants - original
plaintiffs.
2. Short facts of the case is that the appellants have filed the said
suit for cancellation of registered sale deed executed by plaintiff No.2
in capacity as power of attorney of plaintiff No.1 in favour of the
defendants for sale consideration of Rs.10,00,000/- with respect to
plot No.37 and 55 of non-agricultural land bearing survey No. 11 - 26
NEUTRAL CITATION
C/FA/3381/2010 ORDER DATED: 05/05/2025
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- 42/1 situated at Village: Chharvada, Taluka : Pardi, District: Valsad.
3. It appears that during the pendency of the present appeal,
appellant No.1 has expired and, therefore, his legal heirs were
brought on record as per the order dated 29.08.2022 passed by the
Coordinate Bench in Civil Application No.1 of 2021.
4. Learned counsel appearing on behalf of both the sides have
jointly submitted that an amicable settlement has been arrived at
between the parties outside the Court and they have entered into a
settlement deed on certain terms. Learned counsel have submitted
that in view of the settlement arrived at between the parties, the
present appeal be disposed of.
5. That one of the legal heirs of deceased Shabbirali Kasamali
Jasani namely Meghraj Shabbirali Jasani is joined virtually and has
confirmed that the settlement has been arrived at between the
parties and he has no objection to disposed of the appeal.
6. The settlement has been arrived at between the parties on
certain terms. The terms of the settlement deed are as under:-
"Conditions:
(A) We both the parties have decided to do the full and
final settlement of outstanding Financial transactions in the
impugned property. The cheque of Rs. 7,00,000/- (Seven
Lacs) bearing no. 414537, dated 18/04/2007 of S.B.I. Bank,
Vapi Industrial Branch, Vapi mentioned by me- the second
party in the sale deed was bounched. Therefore, the
second party will have to give the cheque of Rs. 9,00,000/-
(Nine Lacs) to the first party against the said cheque. Both
the parties have made settlement and it is and will be
binding to both the parties.
NEUTRAL CITATION
C/FA/3381/2010 ORDER DATED: 05/05/2025
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(B) The second party will have to give the cheque to the
first party in three equal parts so that the No. 1 to 3 from
the first party get the equal share of that admissible
amount. First Party No. 1 to 3 have agreed for the said
amount. The details of the cheque by which total amount of
Rs.9,00,000/- paid is mentioned below:
1. MerajshabbirAli QasamAli Jasani- Rs. 3,00,000/
Cheque No. 001527 dated:- 27/01/2025
Bank Name:- ICICI Bank, Vapi Silvassa Road, Vapi
Branch
2. Sabera Shabbir Ali Jasani - Rs. 3,00,000/-
Cheque No. 001529 dated:- 27/01/2025
Bank Name:- ICICI Bank, Vapi Silvassa Road, Vapi
Branch
3. Taskin Jhahansamir Dharsi - Rs. 3,00,000/-
Cheque No. 001528 dated:- 27/01/2025
Bank Name:- ICICI Bank, Vapi Silvassa Road, Vapi
Branch
(C) It is the responsibility of one side party to withdraw or
by settlement or by obtaining order in First Appeal
No.3381/2010 pending before the Hon'ble High Court of
Gujarat after the aforesaid cheque is deposited in the
account of the one side party which is accepted.
Thereafter, the first party will not initiate any legal
proceedings in future against the second party regarding
the aforesaid property or its consideration or sale deed.
However, if it is found that any Legal proceeding has been
initiated, it will be considered as null and void as per the
Agreement which is accepted to both the parties.
(D) We, the first party No. 1 to 3, heirs of deceased Shabbir
Ali Qasam Ali Jasani, accept the sale deed bearing Sr. No.
3247 done in Pardi Sub-Registrar Office on 20-04-2007.
We are bound to submit the separate declaration if
required. We are also bound to make signature in all
proceedings regard to the mutation entry or transfer of title
of this property. The Sale Deed executed with regard to the
aforesaid property is binding to us as well as our heirs. We
hereby declare this.
NEUTRAL CITATION
C/FA/3381/2010 ORDER DATED: 05/05/2025
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7. In view of the aforesaid facts and the settlement arrived at
between the parties, the present appeal stands dismissed as having
become infructuous. Interim relief, if any, shall stand vacated
forthwith. Record and proceedings, if any, be transmitted back to the
trial Court forthwith.
8. Pending civil application/s shall stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
