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SA/8/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 8 of 2009
With
CIVIL
APPLICATION No. 422 of 2009
In
SECOND
APPEAL No. 8 of 2009
=========================================
RAMIBEN
LALUBHAI RATHOD & 3
Versus
EDUL
HIRAJI KANGA & 1
=========================================
Appearance
:
MR RE VARIAVA for Appellants
MR
JAL SOLI UNWALA for
Respondents
=========================================
CORAM
:
HONOURABLE
MS.JUSTICE BELA TRIVEDI
Date
: 12/05/2011
ORAL
ORDER
1. Mr.R.A.Variava,
learned advocate for the appellants (original defendants) and Mr.Jal
Soli Unwala, learned advocate for the respondents (original
plaintiffs) jointly place on record the certified copies of the
statements of the present appellants No.2, 3 and 4 (original
defendants No.2, 3 and 4), the panchquas dated 19.04.2011 and the
possession receipt dated 20.04.2011. The said documents are taken on
record.
2. Mr.Variava, learned
advocate and Mr.Jal Unwala, learned advocate submit that in view of
the settlement arrived at between the parties during the execution
proceedings, the appellants – defendants have handed over the
possession of the suit property to the respondents – plaintiffs
and, therefore, cause of action does not survive in proceedings of
Second Appeal.
3. In view of the said
circumstances, Mr.Variava, learned advocate seeks permission to
withdraw the Second Appeal. Permission as prayed for is granted.
Second Appeal stands disposed of accordingly.
4. In view of the order
passed in Second Appeal, the Civil Application does not survive and
hence, the same stands disposed of accordingly.
[
BELA TRIVEDI, J. ]
vijay
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