Gujarat High Court Case Information System
Print
SCA/16490/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16490 of 2010
=========================================
KULSUMBEN
D/O AMIR RASUL & 1 - Petitioner(s)
Versus
IBRAHIM
S/O ALLI AMIR & 6 - Respondent(s)
=========================================
Appearance :
MR
MM SAIYED for
Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) : 1 -
5.
MR KASHYAP R JOSHI for Respondent(s) : 1 - 6.
SERVED BY RPAD
- (N) for Respondent(s) : 6,
- for Respondent(s) : 0.0.0
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 26/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)\
1. Rule.
Learned counsel, Mr. K.R.Joshi has appeared for respondent Nos. 1 to
7 and he waives service of rule on their behalf. Admittedly, the
parties are direct heirs of the original claimant viz. Amirbhai
Rasulbhai in Land Reference Case No. 1288 of 1990, which was
disposed by common judgment and order dated 10.01.2002 of learned 3rd
Civil Judge (S.D.), Bharuch, and whereby the additional amount of
compensation was awarded to the claimants. It was jointly submitted
by learned counsel appearing on both sides that, even as the original
claimant, Mr. Amirbhai Rasulbhai, had passed away during the pendency
of the reference case, amount of additional compensation was
deposited in the reference court and part of the amount was already
withdrawn by the respondents. The dispute had arisen on account of
the fact that the petitioners, being daughters of the original
claimant, were denied any part of compensation and the application of
the petitioners for receiving their share of compensation was
rejected by impugned order dated 30.11.2010. It was also stated at
bar that an amount of Rs. 11 lacs was already withdrawn by the
respondents and as yet another sum of Rs. 11 lacs, with
interest, if any accrued thereon, was to be disbursed among the heirs
of original claimant.
2. Upon
the parties having negotiated for an amicable settlement, and on
their instructions, it was jointly submitted by learned counsel, Mr.
M.M.Saiyed, appearing for the petitioners, and Mr. K.R.Joshi,
appearing for the respondents that, according to full and final
settlement arrived at among the parties, the petitioners were
required to be paid Rs. 2.75 lacs each with interest, if any accrued
thereon and the remaining amount was required to be distributed among
the respondents according to their understanding inter se. It
was on that basis submitted and requested that the Reference Court at
Bharuch may be directed to disburse to the petitioners, an amount of
Rs. 2.75 lacs to each of the petitioners along with interest, if any
accrued thereon. Accordingly, by
consent and upon joint request of learned counsel appearing on both
sides, it is directed that out of the amount remaining
deposited with the reference court in L.A.R. No. 1288 of 1990, sum of
Rs. 2.75 lacs along with interest, if any accrued thereon, shall be
disbursed to each of the petitioners herein as final satisfaction of
their claim out of the total amount of compensation deposited with
the Reference Court. Thereafter, the respondents shall apply for
disbursement of the remaining amount. Rule is made absolute
accordingly with no order as to costs. Direct service.
[D.H.WAGHELA,
J.]
[K.
A. PUJ, J.]
JYOTI
Top