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CRA/99/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 99 of 2011
With
CIVIL
REVISION APPLICATION No. 132 of 2011
=========================================================
DHANBAI
WD/O FIROZBHAI K KHUSHURAU THROUGH POA APPU A SHETTY - Applicant(s)
Versus
GAURIBEN
BHUPENDRABHAI MISTRY & 3 - Opponent(s)
=========================================================
Appearance
:
MR
DC DAVE for
Applicant(s) : 1,
None for Opponent(s) : 1,
MR TARAK DAMANI for
Opponent(s) : 1.2.1, 1.2.2,1.2.3 - 3.
NOTICE NOT RECD BACK for
Opponent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/06/2011
ORAL
ORDER
1.0 The
petitioners in the above petition have challenged the judgement and
order dated 25.02.2011 passed by Appellate Bench of Small Cause Court
in Civil Appeal No. 126 of 1999 whereby the appeal is partly allowed.
2.0 Heard
the learned Advocates for the respective parties. As a result of
hearing a consensus has been arrived at between the parties in
pursuance of which consent terms have been produced which are taken
on record. The consent terms are as under:
“3. That
it is now agreed between the petitioner and the respondents that the
petitioner has handed over peaceful possession of the said premises
to the respondent on 17/06/2011 and for the said purpose the power of
attorney of the present petitioner is also filing an undertaking
before this Hon’ble High Court of Gujarat for handing over possession
of the premises tot he respondents.
4. That
it is agreed between the petitioner and the respondents that even
after the possession of the premises is handed over to the
respondents, the respondents will allow the petitioner to take all
belonging of the petitioner within a period of one week from the date
of handing over possession of the premises to the respondent.
5. That
it is agreed between the petitioner and the respondents that the
petitioner will not claim possession of the said property in any
manner and will not seek for any right in the said premises belonging
to the respondents. That it is agreed between the petitioner and the
respondents that the petitioner will not claim any right of tenancy,
if any in respect of the said property.
6. That
it is agreed between the petitioner and the respondents that the
judgement, order and decree dated 25/2/11 passed by the Appellate
Bench of Small Cause Court, Ahmedabad in Civil Appeal No.126/99 and
by the Small Causes Curt is true and correct, in accordance with law
and thereby binding on the parties and thereby the possession of the
said premises is being handed over by the petitioner to the
respondents. That it is agreed between the petitioner and respondents
that the petitioner was in arrears of rent for more than 6 months and
though Trial Court had granted the time to the petitioner to deposit
the amount, but at that juncture the petitioner has failed to do
needful and thereby the decree and judgement passed by the Small
Causes Court is proper and legal.
7. The
petitioner states that the petitioner has not handed over any portion
of the premises or part of the premises to any third party. That a
Pan Stall situated in the premises which is in possession of the
present petitioner, the vacant and peaceful possession of the said
portion is also handed over by the petitioner to the respondents and
it is the part of the rental premises of the petitioner. The person
running the Pan Stall in the said premises is the person of the
petitioner and thereby the petitioner has handed over the vacant and
peaceful possession of the said premises to the respondents as per
the decree and judgement passed by the Small Cause Court of
Ahmedabad.
8. That
in view of the fact that the petitioner has handed over the
possession of the premises to the respondents,t here is no dispute
further remaining between the petitioner and the respondents and on
the basis of the fact that the petitioner has handed over the key and
possession of the property tot he respondent on 17/06/2011, Civil
Revision Application No.99/11 preferred by the petitioner and Civil
Revision Application No.132/11 preferred by the respondents are
required to be disposed off on the basis of the present consent terms
that have been entered into between the parties and filed by the
parties in the present Civil Revision Application No.99/2011.
9. In
view of the present consent terms and in view of the fact that the
petitioner has handed over peaceful and vacant possession of the
premises to the respondents and on the basis of the present consent
terms your Lordship may be pleased to dispose off the Civil Revision
Application No.99/2011 preferred by the petitioner and Civil Revision
Application No.132/2011 preferred by the respondents herein.”
3.0 An
Undertaking on behalf of the petitioner was also filed stating to
abide by the terms and conditions entered into in the consent terms
executed between the deponent and the respondent on 17/6/2011 with
regard to the premises of two buildings situated in Khadiya Ward No.2
bearing Census No.2250 and 2251 of the property bearing Survey
No.2684/4. It was also undertaken to hand over vacant and peaceful
possession of the premises in dispute to the respondent.
4.0 In
view of the above with the consent of the parties the judgement and
order dated 25.02.2011 passed by the Appellate Bench of the Small
Causes Court in Civil Appeal No.126 of 1999 is modified in terms of
the Consent Terms. Decree shall be drawn accordingly.
5.0 Both
the above revisions applications are disposed of accordingly. No
order as to costs. Notice is discharged. Interim relief, if any,
stands vacated.
(K.S.JHAVERI,
J.)
niru*
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