Gujarat High Court
Madhavji Jetha Shapariya (Since Decd.) ... vs Jagjivan Parsotam Shapariya on 1 May, 2025
NEUTRAL CITATION
C/SA/27/2020 ORDER DATED: 01/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 27 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/SECOND APPEAL NO. 27 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/SECOND APPEAL NO. 27 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2024
In R/SECOND APPEAL NO. 27 of 2020
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MADHAVJI JETHA SHAPARIYA (SINCE DECD.) THROUGH HIS LEGAL
HEIRS & ORS.
Versus
JAGJIVAN PARSOTAM SHAPARIYA & ANR.
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Appearance:
DELETED for the Appellant(s) No. 1.1
MR TATTVAM K PATEL(5455) for the Appellant(s) No.
1.2,1.3,1.4,1.5,1.6,1.7,2,3,4,5
REFUSED SERVED (R)(70) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 01/05/2025
ORAL ORDER
1. The present Second Appeal has been filed challenging the
judgment and order dated 25.10.2019 passed by the Additional
District Judge, Jamnagar in Regular Civil Appeal No.105 of
2007, whereby the judgment and decree passed by the Senior
Civil Judge, Jamnagar in Regular Civil Suit No.114 of 1996
has been confirmed.
2. The present Second Appeal has been admitted by an order
dated 22.01.2020 and substantial questions of law have been
framed.
NEUTRAL CITATION
C/SA/27/2020 ORDER DATED: 01/05/2025
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3. Learned advocate for the parties have resolved their issue and
have arrived at a compromise dated 30.04.2025, which is taken
on record and it has been stated that the appellants and
respondents are present before the Court and identified by
their learned advocates.
4. Learned advocates for the parties state that in view of the
compromise that has been arrived at on 30.04.2025, which has
been produced on record and the said compromise has been
signed by all the parties in the present Second Appeal and the
same has been identified by the learned advocates.
5. In view of the same, it has been stated that the judgment and
decree passed by the Appellate Court confirming the judgment
by the Trial Court which has been confirmed by the Appellate
Court in Regular Civil Appeal No.105 of 2007, be modified in
terms of compromise that has been arrived at on 30.04.2025,
and in view of the same, the owners of the property will be as
under:
Old Survey New Survey Owner
No. No.
435/1 1218 Dhaniben Bhensdadiya
(Appellant No.4)
435/2 1217 Lataben Bhensdadiya
(Appellant No.5)
435/3 1219 Narmadaben Bhensdadiya
(Appellant No.2)
435/4 1220 Kasturben Bhensdadiya
(Appellant No.3)
NEUTRAL CITATION
C/SA/27/2020 ORDER DATED: 01/05/2025
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476 1287 All the Respondents
6. In view of the same, the judgment and decree dated
25.10.2019 is modified in terms of the compromise pursis. In
view of the same, the Second Appeal is disposed of. The
decree be drawn in terms of compromise arrived at between
the parties.
7. In view of the fact that the compromise has to be drawn the
said compromise is taken on record in the Second Appeal and
the same is exhibited.
8. In view of the disposal of the Second Appeal, the Civil
Applications do not survive and the same are accordingly
disposed of.
(SANJEEV J.THAKER,J)
URIL RANA
