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MCA/818/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 818 of 2010
In
APPEAL
FROM ORDER No. 152 of 2007
=========================================
INDRACHAND
GUMANMAL NATA - Applicant(s)
Versus
SAMIR
SINGH CHATRASINH VAGHELA & 3 - Opponent(s)
=========================================
Appearance :
MR
DC DAVE for
Applicant(s) : 1,
NOTICE UNSERVED for Opponent(s) : 1,
NOTICE
SERVED for Opponent(s) : 2,
MR TATTVAM K PATEL for Opponent(s) : 3
- 4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/07/2010
ORAL
ORDER
1. The
present application has been preferred by the applicant-original
appellant for an appropriate order of initiating appropriate
proceedings against opponents nos. 2, 3 and 4 under Order XXXIX Rule
2A read with Section 151 of the Code of Civil Procedure and,
thereupon, to detain opponents nos. 2, 3 and 4 in civil prison for
the period contemplated under the provisions contained in Order
XXXIX and Rule 2A and to direct opponents nos. 2 to 4 to maintain
status-quo ante with respect to the suit land as it was prevailing
as on date of passing the order by this Court dated 07/08/2008 passed
in Appeal from Order No. 152/2007 with Civil Application No.
5604/2007.
2. Shri
D.C. Dave, learned advocate appearing on behalf of the
applicant-original appellant has placed on record
affidavit-in-rejoinder of the applicant-original appellant dated
09/07/2010 seeking permission of the Court to enter into settlement
with opponents nos. 3 and 4 as opponents nos. 3 and 4 have agreed to
compensate the applicant-original appellant by paying an amount of
Rs. 30 lakhs in lieu of the disputed land in question i.e. part of
Survey No. 399 of village Makarba admeasuring 2508 sq meters of land,
the reference of which is made in paragraph 4(C) of the said
rejoinder. He has also further submitted that on grant of necessary
permission by this Court, opponents nos. 3 and 4 shall pay an amount
of Rs. 30 lakhs by way of an account payee cheque and on realizing
the amount, the applicant-original appellant shall submit an
appropriate application before the learned trial Court to delete the
aforesaid land from the proceedings of the original suit, and,
therefore, it is requested to grant necessary permission to the
applicant-original appellant in the peculiar facts and circumstances
of the case as the applicant-original appellant is now to be
compensated as stated hereinabove.
3. Shri
Tatvam Patel, learned advocate appearing on behalf of opponents nos.
3 and 4 has stated at the bar that without further entering into the
merits of the application and/or the allegation, opponents nos. 3
and 4 has tendered unconditional apology and it is requested to
accept the unconditional apology and grant permission as prayed for
on payment of cost, which may be quantified by this Court. It is
further submitted that on grant of permission as prayed for,
opponents nos. 3 and 4 will be giving three cheques of Rs. 10 lakhs
each, total amounting to Rs. 30 lakhs, which shall be realized and
encashed as soon as the same are deposited with the Bank. He has
also requested to issue appropriate direction to the
applicant-original appellant to submit an appropriate application
before the learned trial Court, on realization of the aforesaid three
cheques total amounting to Rs. 30 lakhs.
4. Having
heard the learned advocates appearing on behalf of the respective
parties and considering the affidavit-in-rejoinder of the applicant
dated 09/07/2010 and in the peculiar facts and circumstances of the
case and as opponents nos. 3 and 4 have tendered their unconditional
apology at the outset and they are ready and willing to compensate by
paying the cost, which may be quantified by this Court, the
unconditional apology tendered by opponents nos. 3 and 4 is hereby
accepted and the applicant-original appellant is permitted to enter
into the settlement with opponents nos. 3 and 4 and accept Rs. 30
lakhs in lieu of the disputed land, reference of which is made
hereinabove. The learned advocate appearing on behalf of opponents
nos. 3 and 4 has paid three cheques dated 08/07/2010 bearing nos.
178489, 178714, 178882 of Rs. 10 lakhs each (total amounting to Rs.
30 lakhs), drawn on Bank of India, S.G. Highway Branch, Ahmedabad.
5. Shri
Tatvam Patel, learned advocate appearing on behalf of opponents nos.
3 and 4 has stated at the bar that the amount shall be realized and
encashed as soon as it is deposited with the Bank. On realization of
the aforesaid amount, the applicant-original appellant shall act as
per the affidavit-in-rejoinder dated 09/07/2010 and submit an
appropriate application before the learned trial Court for deleting
the aforesaid land from the proceedings pending before the learned
trial Court and the learned trial Court to pass an appropriate order
on the said application.
6. Opponents
nos. 3 and 4 are hereby directed to pay the cost, which is quantified
at Rs. 25,000/- to be deposited by opponents nos. 3 and 4 within a
period of two weeks from today with the Registry of this Court. On
such deposit, Registry is directed to transmit Rs. 15,000/- to the
Gujarat High Court Legal Aid Committee and Rs. 10,000/- to the
Gujarat High Court Mediation Center.
7. With
this, the present application is disposed of and the proceedings
under Order XXXIX Rule 2A are hereby terminated by accepting the
unconditional apology tendered by opponents nos. 3 and 4.
(M.R.
SHAH, J.)
siji
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