AO/207/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 207 of 2008 With CIVIL APPLICATION No. 7286 of 2008 In APPEAL FROM ORDER No. 207 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BHIKHIBEN VALLABHBHAI NANABHAI & 2 - Appellant(s) Versus CHHIMKABHAI VALLABHBHAI PATEL & 9 - Respondent(s) ========================================================= Appearance : MR AMIT V THAKKAR for Appellant(s) : 1 - 3. None for Respondent(s) : 1 - 3, 3.2.1, 3.2.2, 3.2.3, 3.2.4,5 - 9. MR AB MUNSHI for Respondent(s) : 4, 10, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 03/07/2008 ORAL JUDGMENT 1. In this appeal, the appellants have challenged the order dated 6.5.2008 passed below application Exh.5 in special civil suit AO/207/2008 2/5 JUDGMENT No.290/2007. 2. Mr. AV Thakkar has appeared on behalf of the appellants and Mr. Kavina has appeared with Mr. Munshi for respondents No.4 to 8, who are the contesting parties. 3. After the learned counsel of respective sides advanced certain arguments, a consensus is arrived at between the parties and the concerned advocates have charted the terms of the consensus between the parties, and placed it on record with joint request to dispose off the appeal in light of the consent terms, which is as mentioned below:- “The respondents No.4 to 8 state and declare that the respondents No.4 to 8, by virtue of registered sale deed dated 21.10.1997 claim ownership and title of the suit land in question and are running school on the suit land and they also state and declare that they shall not change the nature and use of the land and/or AO/207/2008 3/5 JUDGMENT shall not transfer or alienate the suit land in any manner whatsoever during the pendency of the suit proceedings. So far as respondent No.10 is concerned, his claim is based on registered sale deed dated 17.4.2006 and it is stated and declared by the respondent No.6 that if any further transfer of the property, for which he has a claim of ownership and possession, is effected by him i.e. respondent No.10 then, the same shall be subject to the result and final outcome of the civil suit being special civil suit No.290/2007 and that in case he i.e. the respondent No.10 transfers the property for which he claims right of ownership and possession, then, he shall intimate the Court about such transfer by way of a pursis or appropriate application and shall be subject to provision under section 52 of the Transfer of Property Act and he shall follow the procedure prescribed under the provision.” 4. In view of the aforesaid stipulation and AO/207/2008 4/5 JUDGMENT assurance by the respondents No.4 to 8 and 10, the appellants do not press present appeal at this stage but request for direction that the subject civil suit being special civil suit No.290/2007 may be heard and decided by the learned trial Court as expeditiously as possible and preferably within 8 months. Considering the request of the appellants, the learned Court is requested to consider the plaintiff's request for early hearing of the civil suit being special civil suit No.290/2007, subject to the roster. 5. In view of the aforesaid consensus between the parties, this Court has not expressed any opinion on the merits of the order impugned in the present appeal. The learned trial Court shall decide the suit proceedings without being influenced by this order and/or by the interim order passed below application Exh.5. 6. In light of the consensus and the joint request of the parties and in view of the appellant's AO/207/2008 5/5 JUDGMENT submission that the appeal is not to be prosecuted further at this stage in view of consensus, with the aforesaid observations and direction, present appeal is disposed of as not pressed at this stage. Civil application also stands disposed of. [K.M.Thaker, J.] kdc