Gujarat High Court
Harmanbhai Ranchhodbhai Patel ... vs Jashbhai Mangalbhai Patel Legal Heirs ... on 11 September, 2025
NEUTRAL CITATION
C/FA/141/2008 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 141 of 2008
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HARMANBHAI RANCHHODBHAI PATEL (DECEASED THROUGH LEGAL
HEIRS & ORS.
Versus
JASHBHAI MANGALBHAI PATEL LEGAL HEIRS SINCE DECEASED & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
the Appellant(s) No. 1,1.1
MR SP MAJMUDAR(3456) for the Appellant(s) No.
1.1.1,1.1.2,1.2,1.3,1.4,2
MR RASESH H PARIKH(3862) for the Defendant(s) No. 2
MR.HEMANG H PARIKH(2628) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 11/09/2025
ORAL ORDER
1. Present appeal under Section 96 of the Civil Procedure Code is
filed by the appellants against the impugned judgment and order
dated 01.10.2007 passed by the learned Additional Senior Civil Judge,
Anand in Special Civil Suit No.87 of 1997 filed by the respondents
whereby the learned Judge has allowed the suit and directed the
appellants - original defendants to pay Rs.7,27,685/- along with 6%
interest to the respondents herein.
2. On 10.01.2008, this Court [Coram: Hon'ble Mr.Justice
H.B.Antani] has admitted the appeal.
3. On 07.05.2008, this Court [Coram: Hon'ble Mr.Justice
H.B.Antani] has passed the following order in Civil Application for stay.
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C/FA/141/2008 ORDER DATED: 11/09/2025
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"RULE. Learned advocate Mr. Rasesh Parikh waives
service of rule for the opponents.
Heard learned advocate Mr.P. P. Majmudar for Mr.S. P.
Majmudar for the applicants and learned advocate
Mr.Rasesh Parikh for the opponents.
Learned advocate Mr.Majmudar submits that as the
applicants are hard pressed, they are ready to deposit
50% of Rs.7,27,685/- and shall give security for the
rest of the amount in the form of property, i.e. land
situated at Revenue Survey No. 24/2, District: Kheda,
Sub District: Anand, Mouje Tarapur (Tarapura) Village,
within a period of 15 days from today.
In view of the above, prayer as set out in paragraph
11(A) is granted.
The application stands disposed of as granted. Rule is
made absolute.
Direct service is permitted."
4. Now, during the pendency of the present appeal, an amicable
settlement has been arrived at between the parties. Learned counsel
for the appellants has tendered the affidavit filed by appellant No.2 on
behalf of all the appellants. The affidavit is taken on record. The
contents of the affidavit read thus:-
"1. I, state that the appellants in the captioned appeal
were the original defendants in Special Civil Suit
(SPCS) No. 87 of 1997. I, state that in the said (SPCS)
No. 87 of 1997 the judgment and decree dated was
passed wherein the present appellants-original
defendants were required to pay an amount of Rs.
7,27,685/- along with interest at 6% per annum from
10.07.1997. It is submitted that while admitting the
captioned appeal, the appellant herein had deposited
50% amount being Rs. 3,63,843/- and had also given
NEUTRAL CITATION
C/FA/141/2008 ORDER DATED: 11/09/2025
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the documents of their land bearing Revenue Survey
no. 24/2 as the security.
2. I, state that the appellants are agreeable to pay the
amount which of Rs. 7,27,685/- at 4% interest per
annum, which may be treated as the full and final
satisfaction of the decree. I, state that the total
calculation as on date for the amount is as follows.
A. Amount to be paid as per the Rs.7,27,685.0
B. Amount of Interest at 4% from Rs.8,19,857.2
10.07.1997 to 10.09.2025 0
C. Total (A Rs.15,47,542.
3. I, state on behalf of all the appellants that I, am,
agreeable to pay the aforementioned amount of Rs.
15,47,542.8 (Rupees Fifteen lakh forty seven thousand
five-hundred and forty two only) in 4 equal monthly
instalments of Rs. 3,86,885.5 (Rupees Three lakh
eighty-six thousand eight hundred and eighty five
only) starting from 20th October, 2025.
4. I, state that the aforementioned amount may be
treated as the full and final satisfaction of debt and the
full and final settlement of the decree and the
respondents thereafter not be entitled to any further
recovery from any of the appellants and hence in view
of this the decree may be modified accordingly.
5. I, state that in view of the satisfaction of the debt
and the decree, the deposited 50% amount being Rs.
3,63,843/- and any accrued interest thereon may be
given to the present appellants and the documents of
the land bearing Revenue Survey no. 24/2 be given
back to the appellants and the same may be released
as security."
5. Considering the affidavit filed by appellant No.2, who is
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C/FA/141/2008 ORDER DATED: 11/09/2025
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personally remained present before the Court, it appears that the
appellants are ready and willing to pay the decreetal amount along
with the interest at the rate of 4% instead of 6% in four equal
installment and they shall also file an undertaking to that effect
before this Court.
6. In view of the above the present appeal is disposed of
accordingly. The 50% decreetal amount deposited by the appellants
before the concerned Court shall be disbursed in favour of the
respondents along with the interest accrued thereon and 50%
decreetal amount shall be paid by the appellants in equal two
installments to the respondents along with interest at the rate of 4%.
If the appellants have deposited the decreetal amount along with 6%
interest, the difference of 2% interest is to be calculated at the time of
final payment. The appellants have also furnished the solvent surety
in terms of the title deed of the property in question before the
concerned Court and the same shall be handed over to the appellants
and the charge over the property, if it is lodged, the same shall also
be dislodged from the revenue record. The appellants are directed to
disburse the said decreetal amount in favour of the respondents after
following the due procedure and verifying their bank details through
RTGS / NEFT within a period of fifteen days from the date of receipt of
the copy of this order. Decree be modified accordingly.
Registry is directed to transmit back the record and proceedings
to the concerned trial Court forthwith. Connected civil application
stands disposed of
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
