Gujarat High Court
Chandrakantbhai Bhagabhai @ Bhagubhai ... vs Bhagubhai @ Bhagabhai Jethabhai Patel ... on 14 October, 2025
NEUTRAL CITATION
C/FA/2822/2018 ORDER DATED: 14/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2822 of 2018
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CHANDRAKANTBHAI BHAGABHAI @ BHAGUBHAI PATEL THROUGH HIS
POA ASHESHBHAI NAGINBHAI PATEL
Versus
BHAGUBHAI @ BHAGABHAI JETHABHAI PATEL (DELETED) & ORS.
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Appearance:
MR NV GANDHI(1693) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
DEVANGI B SOLANKI(8888) for the Defendant(s) No. 4
MR MANAN MAHETA(6037) for the Defendant(s) No. 2,3
MR. ARCHIT P JANI(7304) for the Defendant(s) No. 2,3
MS DEEPIKA K JAMWAL(10207) for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 14/10/2025
ORAL ORDER
1. Present appeal is filed by the appellant - original plaintiff under
Section 96 of the Civil Procedure Code, 1908 against the judgment
and decree dated 24.04.2018 passed by the learned Principal Senior
Civil Judge, Bardoli, Dist. Surat (hereinafter be referred to as "the trial
Court") in special Civil Suit No.58 of 2017, whereby, the learned Judge
has dismissed the Suit filed by the appellant herein.
2. When the matter is taken up for hearing, learned counsel for
the respective parties have jointly submitted that the parties have
amicably settled the dispute 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 dated 07.10.2024, which is a notarized
document, is bearing signatures of all the concerned parties. The
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same is taken on record.
3. The consent terms and conditions of the settlement agreement
are in vernacular language and therefore, the same are reproduced
hereunder :
"Settlement Deed i.e.Memorandum of Understanding
On Samvat 2080, Aaso Sud Choth, Monday, 07th October, 2024:
Party of the First Part:
Out of heirs of Late Bhagabhai Jethabhai Patel and Lalitaben Wd/o.
Bhagabhai Jethabhai Patel, heirs of Late Rameshbhai Bhagabhai:
(1) Kailashben Wd/o. Rameshbhai Bhagabhai Patel
Age 55 Years, Occupation: Business,
(2) Darshanaben D/o. Rameshbhai Bhagabhai Patel
Age 40 Years, Occupation: Housewife,
(3) Ajeshkumar Rameshbhai Patel,
Age 38 Years, Occupation: Agriculture/Business
(4) Dipali Ajeshkumar Patel
Age 34 Years, Occupation: Housewife/Business
All residing at: Mota, Ramvadi,
Taluka: Bardoli, District: Surat
Party of the Second Part:
Heirs of Late Bhagabhai Jethabhai Patel and Lalitaben Wd/o.
Bhagabhai Jethabhai Patel:
(1) Chandrakantbhai Bhagabhai Patel
Age 57 Years, Occupation: Business
(2) Purnimaben Chandrakantbhai Patel
Age 62 Years, Occupation: Business
All residing at: 19, Latakunj, B/h. Radhabag,
Nr. Shishu Mandir School, Shastri Road, Bardoli,
Taluka: Bardoli, District: Surat
We, the parties herein, do hereby execute this Memorandum of
Understanding today for the properties mentioned below that:
1) Whereas, we the parties herein have come to the settlement i.e.
compromise by mutual understanding and with the mediation of the
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representatives of the societies regarding the following properties as
under:
2)
PROPERTY NO.1:
Plot No.H-107, having plot area admeasuring 139.35 Sq. Mts.
together with House No.1200, having construction admeasuring
240.16 Sq. Mts. standing thereon bearing House No.19 in the group
of plots known as 'Latakunj' out of the plots known as 'Radhabaug'
situated in the non-agricultural land bearing Survey No.337 paiki
within the Nagarpalika Area of Moje: Bardoli, Taluka: Bardoli, District:
Surat, presently bearing Block No.337/paiki 2/1/paiki/43 in the
revenue records.
3)
PROPERTY NO.2:
House Property bearing Milkat No.233 (Old No.139) in Gram
Panchayat records togetherwith manger bearing Property No.233/1
situated on the land bearing Block No.418/2 in the revenue records
of Moje village: Mota, Taluka: Bardoli, District: Surat.
4) Thus, the party of the first part has filed Special Civil Suit
No.17/2018 in the Court of Ld. Principal Senior Civil Judge, Bardoli for
the property no.1 out of the aforesaid properties and the party of the
first part has agreed to arrive at settlement and to get decreed the
said suit in favour of the party of the second part and the party of
the first part has challenged the Sale Deed No.8/2016 registered
before the Sub-Registrar, Bardoli and claimed for his right and share
therein. The party of the first part waives the said entire suit as well
as the claims of the said suit and accepted the ownership,
possession and occupancy by the said Sale Deed in favour of the
party of the second part no.2 and the party of the second part no.2 -
Purnimaben Chandrakantbhai Patel became the legal owner and
occupier of the said property by Sale Deed and it runs in her name,
which is accepted by all the parties. Therefore, the exclusive
ownership and possession of the party of the second part no.2 -
Purnimaben Chandrakantbhai Patel has been permanently accepted
on the said property. Therefore, the other parties of the party of the
first part as well as the party of the second part of this document
shall not raise any claim or dispute in future for the said property
and they shall not have the same. Moreover, all the disputes
pertaining to the amounts mentioned in the said suit have also been
waived by the party of the first part and no such amount shall be
demanded by the party of the first part from the party of the second
part nor claim, litigation or suit shall be filed thereof. In short, the
party of the first part has waived and relinquished all the disputes of
the suit mentioned above and the party of the first part shall not
raise any dispute regarding the amount and property of the suit in
future and if anything will be raised so, it shall be treated as
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canceled by virtue of this document and it is waived in favour of the
party of the second part no.2 - Purnimaben Chandrakantbhai Patel
on perpetual basis and the party of the first part or their successors
and heirs shall not raise any dispute regarding the amount and
property of the suit in future and it is and it shall be binding to the
party of the first part.
5) Moreover, the property no.2 mentioned above perpetually stands in
the name of the party of the first part no.1 - Kailashben Rameshbhai
Patel and the same has been accepted by the party of the second
part and there is no right, entitlement or share of the party of the
second part in the said property. Moreover, the party of the second
part shall not raise any claim, dispute or objection pertaining to the
ownership and possession of the party of the first part no.1.
Moreover, the party of the second part has waived all the disputes of
the First Appeal No.2822/2018 with Civil Application No.1/2018 in
the Hon'ble High Court of Gujarat and the party of the second part
has agreed to withdraw the said appeal and in this manner,
accepted the ownership and possession of the party of the first part
no.1 to the said property no.2 on perpetual basis.
6) Agricultural lands of Moje: Mota, Taluka: Bardoli, District: Surat
bearing Survey No.904/1, Block No.1471 and Survey No.904/2, Block
No.1472 having Account No.391 and the said agricultural lands were
originally belonged to Late Bhagabhai Jethabhai. Presently, the same
stands in the joint names of (1) Chandrakantbhai Bhagabhai Patel
(2) Kailashben Wd/o. Rameshbhai Bhagabhai (3) Darshanaben D/o.
Rameshbhai Bhagabhai and (4) Ajeshkumar Rameshbhai. The same
is divided as follows:
a) Old Tenure Jarayat Land of Block No.1471, having
admeasuring about Hector-0, Are-76, Sq. Mts.-89,
Assessment Rs.7.12 Ps., bearing Account No.391 is allocated
to the joint shares of (1) Kailashben Wd/o. Rameshbhai
Bhagabhai (2) Darshanaben D/o. Rameshbhai Bhagabhai and
(3) Ajeshkumar Rameshbhai. Any other party shall have no
right, interest, share, claim, possession, or occupancy, nor
shall they have any in the future.
b) Block No. 1472, having an approximate area of 0-74-87
He.Are.Sq.M. aakar of Rs. 6.94 paisa, and bearing Khata No.
391, which is an old tenure Jirayat agricultural land property,
is hereby transferred to Chandrakantbhai Bhagabhai Patel in
independent name by way of partition. No other parties shall
have any right, interest, share, claim, possession, or
occupancy in this property, nor shall they have any in the
future.
c) Thus, the land comprising Block No. 1471 and Block No. 1472
has been given to the respective parties as per their shares.
They are to assume ownership, possession, and occupancy
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accordingly. All government dues related to it are to be paid
by them as per their respective shares, and it has been
decided that First Party shall clear all pending dues and
encumbrances up to the present date. Further, for access to
the aforesaid lands, there is a Mota Khanpur Road. A farm
road comes from the west side of that road and goes towards
the west. Remaining on that road, a path located between
Block No. 1476 and Block No. 1474 that runs from South to
North with an East-West length and width, provides access to
Block No. 1472 and thereafter to Block No. 1471. This 15-foot
wide road up to the end of Block No. 1472 and Block No.
1471, and it is to be used jointly by both parties for
agricultural purposes. To the east side of this road, which is
located to the east of Block No. 1474, Block No. 1472, and
Block No. 1471, there is a water channel for bringing and
carrying water for agriculture. Both parties shall use this
channel for irrigation. If the parties decide, under any
circumstances, to fill up the channel, they shall place
underground pipes and create a reservoir to take irrigation
water, and the cost thereof shall be borne by both parties.
Thus, land bearing Block No. 1472 is transferred to Second
Party No. 1, Chandrakantbhai Bhagabhai Patel, and Block No.
1471 is transferred to the First Party.
Four Boundaries of the land bearing Block No.1472
East: Land bearing Block No. 1476, after an internal farm
road and an irrigation channel.
West:
Land bearing Block No. 1473, after a water channel.
North:
Land bearing Block No. 1471, after a water channel.
South: Land bearing Block No. 1474.
Four Boundaries of the land bearing Block No.1471
East: Land bearing Block No. 1476, after an internal farm
road and an irrigation channel.
West:
Land bearing Block No. 1473, after a water channel.
North:
Land bearing Block No. 1470, after a water channel.
South: Land bearing Block No. 1472.
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Thus, as stated above, the parties are to hold ownership and
possession of Block No. 1471 and Block No. 1472. Further, the Gift
Deed No. 944/2021 is to be cancelled, and the mutation entry vide
No. 21184 with regard to the aforesaid Gift deed is also decided to
be cancelled. As stated above, Block No. 1471 and Block No. 1472
are to be held by way of partition with ownership, possession, and
rights.
7) This settlement has been reached by the parties voluntarily. Second
Party No.1, Purnimaben Chandrakantbhai Patel, has been considered
and made the absolute owner and occupier of Property No. 1 among
the aforementioned properties. Similarly, First Party No. 1,
Kailashben Rameshbhai Patel, has been considered and made the
absolute owner and occupier of Property No. 2 among the
aforementioned properties. Therefore, as decided in the settlement
regarding the aforesaid properties, both parties are to execute all
necessary legal documents like signatures, attestations, consents,
affidavits, etc., for each other in the Revenue Department, if
required. The parties also voluntarily agree that the order and
decree passed by the Ld. Principal Senior Civil Judge, Bardoli in
Sp.C.S. No. 17/2018 and the Hon'ble High Court of Gujarat in First
Appeal No. 2822/2018 with Civil Application No. 1/2018 in
accordance with this settlement shall be accepted by all the parties.
We also agree if both the Hon'ble Courts or any one of the Courts
pass an Order and Decree as per this settlement. Further, Second
party shall withdraw RTS Appeal No. 97/2023 pending before the
Collector, Surat. First Party shall withdraw the Appeal/Revision No.
HKP/ST/194/2022 pending at Revenue Division, Moje Gota. Second
Party No. 1 shall unconditionally withdraw the Suit No. 16/2023
pending before the Principal Senior Civil Judge regarding the
property mentioned in this agreement. Moreover, Second Parties are
to withdraw Appeal No. MCA 17/2021 in the Court of the Additional
District Judge, Bardoli. Besides these, the parties agree to and shall
withdraw all other pending revenue cases between them. It is also
decided to withdraw and dispose of the Revenue and High Court
cases if necessary. Two copies of this document have been made,
both of which are original. The exchange of gold and silver
ornaments that was to take place between the parties, has also
been completed. Therefore, there shall be no dispute raised about
this matter now or in the future, and there remains no demand to be
made or caused for any gold or silver ornaments.
8) The above settlement deed has been made by the parties
voluntarily, without any coercion or pressure, in a sound and healthy
state of mind, after reading/having it read and understanding. The
said settlement deed is as dictated by us and is true and correct.
Therefore, we have affixed our signature/thumb impression on this
settlement deed. The witnesses have also affixed their
signature/thumb impression on this settlement deed at our behest.
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This settlement deed is and shall remain acceptable, approved, and
binding upon us, our lineage, guardians, and heirs."
4. It appears that, pending the present proceedings, the legal
heirs of the deceased respondent had also filed Special Civil Suit
No.17 of 2018 before the trial Court, which came to be dismissed vide
order dated 14.12.2024 in view of the aforesaid settlement arrived at
by and between the parties. The copy of the compromised decree
dated 14.12.2024 is also produced before the Court, the same is
taken on record.
5. In view of above, the present appeal is disposed, 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 agreement. Record and
proceedings, if received, be sent back to the concerned Court
forthwith.
6. It is clarified that this Court has not entered into the merits of
the matter. It is open for all the concerned parties to revive their
request in case of any difficulty.
(HEMANT M. PRACHCHHAK,J)
Dolly
