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SCA/13017/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13017 of 2009
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ARUNBHAI
POPATLAL THAKKAR PARTNER OF SHITAL DEVELOPERS Versus
MOHANBHAI
KAPURJI PRAJAPATI AS HEIR & OTHERS
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Appearance :
Mr
KV Shelat with Mr Viral Salot for the Petitioner
Ms Fernandez for
Mr RD RAVAL for Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2 - 3.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/01/2011
ORAL
ORDER
The
parties have produced on record the consent terms, which has been
signed by the petitioner as well as the respondent No.1 and
countersigned by the respective learned advocates. The said consent
terms reads as under:-
“1. The
present respondent no. 1 is the original plaintiff in H.RP. Suit No.
2106 of 2008, filed before the Small Causes Court, Ahmedabad, is
one of the heirs and legal representatives of original tenant Kapurji
Sadaji Parajpati and Kasturiben Kapurji Prajapati and is claiming the
tenancy rights of the original tenant in the suit property being
Final Plot no. 44/1 and Final Plot No. 44/2 of T.P. Scheme No. 1
(Jamalpur), Ahmedabad belonging to the petitioner. The present Writ
Petition arises from the subordinate court proceedings being HRP Suit
No. 2106 of 2008, of Small Causes Court No. 9, Ahmedabad.
2. The
parties to this writ petition have settled their disputes and
differences, and accounts pertaining to the suit property and rights
related thereto arising out of rent suit and original plaintiff –
respondent no. 1 is withdrawing the disputes of the said suit
unconditionally. The other heirs of the original tenants have also
singed the present consent terms in token of accepting this
settlement unconditionally and in total waiver of their alleged
rights pertaining to the suit property, so as to avoid further
complications.
3. The
respondent no. 1 – original plaintiff agree that he has no
right, title or interest in the suit property, left or any part or
parcel of land bearing F.P. No. 44/1 and 44/2 of T.P. Scheme No. 1
(Jamalpur) belonging to the petitioner, and agree that the writing
executed dated 07/06/2008 surrendering tenancy rights was agreed and
acted upon by and between the parties and no disputes or differences
remains in furtherance thereto nor shall have any right to file any
objections, or claims or litigation in respect thereto.
4. The
original plaintiff hereby also withdraw all allegations and
imputations made in various litigations and before various
authorities against the present petitioner – owner
and the respondent agree that their names be deleted as tenants from
municipal record and that he has no objection if the revised plans
F.P. No. 44/1 and 44/2 of T.P. Scheme
No. 1 (Jamalpur) is duly processed by the Ahmedabad Municipal
Corporation in favour of the present petitioner and all the ex-
tenants have given a writing dated 04/10/2010 to the above effect
which shall be binding to the signatories of this consent terms.
5. The
H.R.P. Suit No. 2106/2008 filed by the respondent no. 1 has been
stayed by order dated 15/06/2010 However, on account of
misunderstanding the trial court has passed an order for withdrawal
of the suit vide order 23/11/2010. The parties agree that the said
order Annexure – II be quashed and set aside and the trial
court be directed to pass decree in terms of the consent terms which
is produced at Annexure – I, after duly signed consent terms be
presented before the trial court.
6. The
above consent terms be recorded and order in terms of the consent
terms be passed with directions to trial court to pass decree in
terns of consent terms and parties be directed to abide by the
aforesaid consent terms.”
In view of the aforesaid
consent terms arrived at between the parties, the trial Court is
directed to pass the decree in terms of the consent terms.
The
parties will be abide by the terms of the consent terms.
Petition
is disposed of accordingly.
(K.S.Jhaveri,
J.)
*mohd
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