Gujarat High Court
Kamlesh @Kamal Kantilal Shah vs Lhrs Of Decd Thakor Juhaji Velaji on 2 September, 2025
NEUTRAL CITATION
C/FA/1281/2025 ORDER DATED: 02/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1281 of 2025
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2025
In R/FIRST APPEAL NO. 1281 of 2025
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KAMLESH @KAMAL KANTILAL SHAH
Versus
LHRS OF DECD THAKOR JUHAJI VELAJI & ORS.
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Appearance:
MR RASESH H PARIKH(3862) for the Appellant(s) No. 1
MR.HEMANG H PARIKH(2628) for the Appellant(s) No. 1
DHRUVIN P BHUPTANI(8295) for the Defendant(s) No. 5.1,5.2
VMP LEGAL(7210) for the Defendant(s) No. 6,7
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 02/09/2025
ORAL ORDER
1. The present appeal is filed by the appellant -
original plaintiff against the judgment and decree dated
10.03.2025 by learned 2nd Additional Senior Civil
Judge, Gandhinagar in Special Civil Suit No.95 of
2012.
2. When the matter was taken up for hearing,
learned advocate for the appellant has tendered the
Consent Terms dated 02.09.2025 alongwith a copy of
Special Civil Suit No.61 of 2016 and a copy of the
General Power of Attorney executed by respondent
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C/FA/1281/2025 ORDER DATED: 02/09/2025
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No.5.1 in favour of respondent No.5.2 dated
14.06.2025. The same is taken on record.
3. Learned advocate for the appellant
contended that the suit was instituted for cancellation
of the sale deed which was executed in favour of
original defendant Nos.5 to 7. It is contended that all
parties to the suit have amicably settled the issue, and
the present appellant, who filed the suit, has admitted
the sale deed executed in favour of respondent Nos.5.1
and 5.2. It is further contended that, in view of the
Consent Terms, the judgment and decree may be
quashed and set aside and a decree may be drawn in
accordance with the Consent Terms. It is also
contended that the appellant is present before this
Court.
4. Per contra, learned advocate for the
respondent/s submitted that respondent Nos.5.1, 5.2
and 6 are present before this Court. He further
submitted that they have no objection if the Consent
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C/FA/1281/2025 ORDER DATED: 02/09/2025
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Terms is taken on record and impugned judgment and
decree to be quashed and the decree be withdrawn in
terms of consent terms.
5. Considering the aforesaid submissions and the
Consent Terms placed on record, it appears that the
disputes between the parties with regard to the suit
properties have been resolved. Parties are present
before this Court, who are identified by their
respective learned advocates, also admit the contents of
the consent terms.
6. In view of the Consent Terms, the judgment
and decree dated 10.03.2025 passed by learned 2 nd
Additional Senior Civil Judge, Gandhinagar in Special
Civil Suit No.95 of 2012, is hereby modified and the
sale deed executed in favour of respondent No.5.1 and
5.2 is held to be legal and valid document. Parties are
hereby directed to act as per the consent terms.
7. In view of the above, present First Appeal
stands disposed of accordingly. Registry shall draw a
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C/FA/1281/2025 ORDER DATED: 02/09/2025
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decree in terms of consent terms. No order as to costs.
8. Record and proceedings, if any, be sent back
to the concerned Court forthwith.
9. In view of the order passed in the First
Appeal, connected Civil Application does not survive
and stands disposed of.
(D. M. DESAI,J)
MANOJ
