Narharibhai Jethabhai Suthar vs Shantilal Alias Girishkumar Ambalal ...
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Gujarat High Court

Narharibhai Jethabhai Suthar vs Shantilal Alias Girishkumar Ambalal ... on 19 September, 2025

                                                                                                               NEUTRAL CITATION




                              C/SA/552/2022                                    ORDER DATED: 19/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/SECOND APPEAL NO. 552 of 2022

                                                          With
                                       CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                           In R/SECOND APPEAL NO. 552 of 2022
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                                        NARHARIBHAI JETHABHAI SUTHAR
                                                     Versus
                              SHANTILAL ALIAS GIRISHKUMAR AMBALAL SUTHAR & ORS.
                      ==========================================================
                      Appearance:
                      MR. SAHIL M SHAH(6318) for the Appellant(s) No. 1
                      MR MAULIK N SHAH(5280) for the Respondent(s) No. 2,3
                      MR NK MAJMUDAR(430) for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                           Date : 19/09/2025

                                                             ORAL ORDER

1. The present Second Appeal has been filed challenging the judgment and decree dated 08.05.2019 passed by the Additional District Judge, Himmatnagar in Regular Civil Appeal no.21 of 2010 which confirmed the judgment and decree dated 30.09.2009 passed by the 2nd Additional Civil Judge, Himmatnagar in Regular Civil Suit No.117 of 2006 out of the three appellants that had filed Regular Civil Appeal No.21 of 2010, appellant no.1 of Regular Civil Appeal No.21 of 2010 has filed the present Second Appeal and learned advocate for the appellant has filed further affidavit of the sole appellant before this Court Mr.Narharibhai Jethabhai Suthar dated 18.09.2025, the said further affidavit is taken on record.

2. Learned advocate for the appellant identifies the signature of the appellant, wherein in the said affidavit it has been stated that

NEUTRAL CITATION

C/SA/552/2022 ORDER DATED: 19/09/2025

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appellant and respondent no.1 have arrived at an amicable settlement which has been reduced in the form of an affidavit of settlement dated 15.09.2025, and it has been stated that the said settlement is binding to the parties and learned advocates appearing for the respective parties also state that in view of the settlement that has been arrived at which has been recorded before a Notary on 15.09.2025, which is also placed on record, the present Second Appeal be disposed of in terms of the said settlement arrived at on 15.09.2025 and the judgment and decree be modified in terms of the said settlement that has been arrived at on 15.09.2025. Both the parties undertake before this Court to abide by the said settlement that has been arrived at on 15.09.2025. The further affidavit and the settlement deed is taken on record.

3. In view of the same, the present Second Appeal is accordingly disposed of in terms of the settlement deed dated 15.09.2025. In view of the said undertaking, the parties can file appropriate proceedings. In view of the disposal of the main matter, the connected civil application does not survive and the same is accordingly disposed of. Interim relief, if any stands vacated.

(SANJEEV J.THAKER,J) URIL RANA