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SCA/13276/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13276 of 2008
=========================================================
BHIKHAJI
FARAMROZ SHROFF - Petitioner(s)
Versus
KAMUBEN
WD/O BECHARBHAI DURLABHBHAI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RR MARSHAL WITH MR AB MUNSHI
for
Petitioner(s) : 1, 1.2.1,1.2.2
None for Respondent(s) : 1 -
2.
NOTICE SERVED BY DS for Respondent(s) : 1.2.1,1.2.2 - 2,
2.2.2,2.2.3
MS VARSHA BRAHMBHATT for Respondent(s) : 1.2.1,1.2.2
- 2,2.2.3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/02/2010
ORAL
ORDER
By
way of this petition under Article 227 of the Constitution of India,
the petitioners have prayed for appropriate writ, order and/or
direction quashing and setting aside the impugned
judgement and order dtd.4/7/2008 passed by the Gujarat
Revenue Tribunal in Revision Application
No.TEN/BA/99 of 1985 (Annexure-C to the petition).
Today
when the matter is called out, Mr.R.R. Marshal, learned advocate
with Mr.A.B.Munshi, learned advocate appearing on behalf of the
petitioners as well as Ms.Varsha Brahmbhatt, learned advocate
appearing on behalf of the respondents have stated at the bar that
so far as parties to the present proceedings are concerned, they
have settled the dispute amicable amongst themselves. They have
produced on record consent terms arrived at between the parties to
the present proceedings. The signatures of the parties to the
present proceedings on the consent terms have been identified by
the learned advocates appearing on behalf of the respective parties.
The
consent terms /settlement dtd.9/2/2010, notarized on 10/2/2010 is
directed to be taken on record.
Parties
are directed to act as per the aforesaid consent terms / settlement.
Consequently, with the consent of the learned advocates appearing on
behalf of the respective parties the impugned judgement and order
dtd.4/7/2008 passed by the Gujarat
Revenue Tribunal in Revision Application
No.TEN/BA/99 of 1985, impugned in the present petition is hereby
quashed and set aside. However, it is observed and made clear that
this Court has not expressed any opinion on merits with respect to
the consent terms / settlement entered into between the parties and
the aforesaid consent terms / settlement and/or quashment of the
aforesaid judgement and order passed by the Gujarat
Revenue Tribunal, impugned in the present
petition shall be without prejudice to the rights and contentions of
the State Government, if any. Present petition is disposed of in
view of the aforesaid consent terms and parties are directed to act
as per the consent as aforesaid. Notice is discharged.
[M.R.
SHAH, J.]
rafik
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