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CA/9356/2008 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 9356 of 2008
In
SECOND
APPEAL No. 7 of 1997
WITH
SECOND
APPEAL No. 7 of 1997
=========================================
ANANDBA
MANUBHA & 8 - Petitioner(s)
Versus
NAVNITBALA
JETHALAL TRIVEDI & 1 - Respondent(s)
=========================================
Appearance :
MR
PV HATHI for Petitioner(s) : 1,None for Petitioner(s) : None for
Petitioner No(s).: for Petitioner(s) : 2 - 9.
MR BIPIN I MEHTA for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 13/08/2008
ORAL
ORDER
Heard
Mr.P.V.Hathi, learned Advocate for the applicants-
appellants? original defendants and Mr.Bipin Mehta, learned Advocate
for respondent No.1-original plaintiff.
Original
defendant No.2 ? respondent No.2-Dhanuba Vishnubha and applicant
No.1-appellant No.1-Anandba Nanubha have expired. Their name be
deleted from the cause-title, as the proceedings against them shall
stand abated.
Being
aggrieved and dissatisfied with the judgment and decree dated 26th
November, 1996 passed in Regular Civil Appeal No.40 of 1992 by the
learned Joint District Judge, Bhavnagar, dismissing the said appeal
filed by the appellants and confirming the judgment and decree of the
learned trial Judge dated 30/04/1992, the present Second Appeal has
been preferred under the provisions of Section 100 of the Code of
Civil Procedure. While admitting the appeal, the Court has decided
to frame the substantial questions of law for determination on 20th
January, 1998.
Pending
the present appeal, learned Counsel appearing for parties have
informed the court that now parties have settled the matter outside
the Court and they have arrived at compromise. The said settlement
has been reduced in writing and the original settlement is tendered
to the Court alongwith the present application.
Today
the parties are not present before the Court, but Mr.Hathi as well as
Mr.Mehta, learned Advocates for the parties confirm that the
signatures made in the settlement attached with the present
application are of the persons authorized to settle the matter. The
said parties were also identified by one lawyer viz., Mr.A.L.Trivedi
and said settlement has been notarized by one Notary at Bhavnagar on
23th June, 2008. For the sake of convenience the Court is
inclined to reproduce the said settlement herein after.
?SThe respondent
Navintbala Jethalal Trivedi, original plaintiff, has agreed to
accept half the plot no.60 situated at Village Chitra instead of
the whole plot no.60 admeasuring 63 x 86 sq.ft. as mentioned in
the Agreement of Sale.
The applicants,
through there power of attorney holder Shri Narendrasinh Dhirubhai
have agreed and are prepared to execute the sale deed for half of
plot no.60 admeasuring 63 x 86 sq.ft. Situated at Village chitra
and will hand over half of the said plot no.60 to the first
respondent or to any other person named by her (Shri Chetansinh
Janaksinh Sarvaiya of Bhavnagar) after completing the necessary
formalities of execution of regular sale deed in favour of the
first respondent or any other person authorized by her (Shri
Chetansinh Janaksinh Sarvaiya of Bhavnagar) within 90 days from
the date of the disposal of the Civil Second Appeal in Lieu of the
decree of specific performance passed by the learned civil judge,
Bhavnagar and confirmed by the learned Joint District Judge,
Bhavnagar.
The parties agree
that the decree of specific performance passed by the learned
Civil Judge (JD), Bhavnagar in Regular Civil suit No.796/81 as
confirmed in Regular Civil Appeal No.49/92 by the learned Joint
District Judge, Bhavnagar be modified and the Second Appeal may be
allowed in part while dismissing the said Suit with respect to
half of the said plot no.60.
A decree in terms
of this settlement will be passed in Civil Second Appeal No.7/97.??
The
compromise arrived at between the parties is found genuine and, it is
ordered to be recorded accordingly. So, accepting the settlement as
submitted by learned Counsel for the parties, original decree shall
stand modified and decree be drawn in terms of settlement arrived at
between the parties. Registry is directed to draw the decree in
terms of settlement so that the parties to settlement can act upon
the compromise decree.
Civil
Application is allowed in terms of settlement arrived at between the
parties
SECOND
APPEAL NO.7 OF 1997
In view of the
settlement arrived at between the parties and the order passed in
Civil Application No.9356 of 2008, present Second Appeal is ordered
to be disposed of accordingly. No costs.
(C.K.BUCH,
J.)
sompura
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