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CRA/182/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 182 of 2006
=========================================================
DECD.
RAMJI VALABHAI - Applicant(s)
Versus
VORA
JIVAJI MU. HAPTUJI WAKF TRUST - THRO' SOLE TRUSTEE - Opponent(s)
=========================================================
Appearance
:
MR
BJ TRIVEDI for
Applicant(s) : 1,MR JT TRIVEDI for Applicant(s) : 1,MS JIGNASA B
TRIVEDI for Applicant(s) : 1,
MR AMAR D MITHANI for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/07/2008
ORAL
ORDER
1. Rule.
Mr. Amar D. Mithani, learned Advocate for the opponent, waives
service of rule. With the consent of the parties, the matter is
finally heard today.
2. Learned
Advocates for both the sides have jointly submitted that the parties
have amicably settled the dispute outside the Court and that the
matter may be disposed of in terms of the settlement arrived at
between them.
3. Heard
learned counsel for the respective parties. With their consent and
without entering into the merits of the matter, the following order
is passed;
(i) The applicant will be at
liberty to select one of the two shops within a period of one month
from today.
(ii) After such selection is
made by the applicant, the respondent will provide an independent
access from the road, if not already available, within a period of
two months from the date when the selection is made by the applicant,
for which, alterations, if necessary, will be made by the respondent,
at his own costs, so that both the shops remain independent and
become accessible from the public street.
(iii) On completion of the
aforesaid process, including alterations, if any, as stated
herein above, the applicant will forthwith handover the possession of
the shop, which is not selected by him, to the respondent within a
period of two weeks thereafter,.
(iv) The applicant will be
entitled to retain the shop selected by him as a ?Stenant?? on the
same rent, etc,.
4. Parties
will abide by the aforesaid consent terms entered into between them.
The judgment and decree passed by the lower appellate Court is
modified accordingly. The application stands disposed of in terms of
the consent terms entered into between the parties. Rule is made
absolute to the above extent.
[K.
S. JHAVERI, J.]
Pravin/*
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