IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No 174 of 1979
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CHAUDHARI CHELABHAI DUNGARBHAI & OTHERS
Versus
JIVI WD/O NAYAK MAFATLAL K. & OTHERS
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Appearance:
MR VC DESAI for Petitioners
MR SK JHAVERI for Respondent No. 1, 2, 3, 4, 5
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CORAM : MR.JUSTICE H.R.SHELAT
Date of Order: 15/04/97
ORAL ORDER
The parties have settled their disputes out of
court and they tender the Pursis of settlement. The same
be taken on record. As per their settlement, by way of
full and final satisfaction of the claim, for and on
behalf of respondent no.5, the appellant No.4/1 has paid
the amount of Rs.20,000/- to respondents nos.1 to 4 – the
Judgment Creditor and thereby the decree is fully
satisfied.
2.In view of this full and final satisfication of
the decree, the appeal is withdrawn and the same
accordingly stands disposed of.
3.Execution Petition No.10 of 1972 has been filed
before the Court of Civil Judge (Senior Division) at
Mehsana and the same is pending. When the decree has
been fully satisfied, the cause to pursue the Execution
Petition does not survive and the same petition is
required to be disposed of after passing appropriate
order disposing of the same to which the parties
advocates agree. Hence Yadi be sent to Civil Judge
(Senior Division), Mehsana. for passing necessary order
about disposal of Execution Petition No.10 of 1972.
Date: 15/4/1997.(H.R.SHELAT, J.)