Gujarat High Court

AO/95/1999 of RAVAL AGRO BUILDER PVT.LTD. Vs BHRAMAN KHETABHAI CHHAGANBHAI on 30 November 2000

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HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No 95 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE J.R.VORA ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

APPEAL FROM ORDER No 95 of 1999

For Approval and Signature:

Hon'ble MR.JUSTICE J.R.VORA

============================================================ 1. Whether Reporters of Local Papers may be allowed : YES

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- RAVAL AGRO BUILDER PVT.LTD.Versus BHRAMAN KHETABHAI CHHAGANBHAI -------------------------------------------------------------- Appearance: MR RM CHHAYA for Appellants MR HIMANSU M PADHYA for Respondent No. 1

-------------------------------------------------------------- CORAM : MR.JUSTICE J.R.VORA

Date of decision: 30/11/2000

ORAL JUDGEMENT

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1. This Appeal From Order arises from the order passed by learned Civil Judge (SD), Palanpur, in Spl.

Civil Suit No. 103 of 1997,below Application Exh.5, filed by appellants herein i.e. original plaintiffs.

2. Learned Advocate Mr. R.M. Chhaya for Appellants and learned Advocate Mr. Himansu M. Padhya for respondent are present. Appellant No.1 Nitinchandra Somnath Raval is also present. Appellant No.2 Thakor Mangaji Galabi is present through his power of attorney holder Nitinchandra Somnath Raval - appellant No.1. Respondent - Bhraman Khetabhai Chhaganbhai is also present through his power of attorney holder, his son, Hasmukhbhai Khetabhai Joshi. The parties present, as aforesaid, and the learned advocates for the parties, place on record a compromise arrived at between the parties. The Compromise is signed by both the appellants and respondent herein. Respondent has signed the terms of compromise through his power of attorney holder, while Appellant No.2 has also signed the terms of compromise through his power of attorney holder. Along with the terms of the Compromise, as aforesaid, copy of power of attorney given by the respondent to his son and the copy of agreement entered into and signed by the parties on 6th July, 2000, a copy of affidavit of respondent and a copy of power of attorney given by appellant No.2 to appellant No.1 are also placed on record. The Compromise terms arrived between the parties as placed on record is recorded and accordingly Special Civil Suit No. 103 of 1997 pending before the Court of Civil Judge (SD), Palanpur is required to be disposed of.

3. Therefor, it is hereby ordered that Decree, strictly, in terms of Compromise placed on record, as aforesaid, be passed in Special Civil Suit No. 103 of 1997 and the Suit therefore is disposed of in the terms of Compromise produced on record.

4. In this view of the matter, this Appeal From Order has no survival value and the same is disposed of with no order as to costs.

�����(J.R. Vora, J.)

p.n.nair

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