SCA/3221/1992 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3221 of 1992 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 ? ========================================================= RAVJIBHAI JETHABHAI RAIPARA - Petitioner(s) Versus KASHIBEN WD/O, A. HIRABHAI SINCE DECEASED BY HER HEIR & 1 - Respondent(s) ========================================================= Appearance : None for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 RULE SERVED for Respondent(s) : 1, NOTICE NOT RECD BACK for Respondent(s) : 2, MR AJ PATEL for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 11/01/2008 ORAL JUDGMENT The petitioner has preferred the present petition against the judgment and order dated 30th October 1991 passed by Gujarat Revenue Tribunal in SCA/3221/1992 2/4 JUDGMENT Revision Applications No. TEN.B.A.17/86 and 116/86. The petition came to be admitted by order dated 7.5.1992. Subsequently, the petitioners of the present petition have preferred a civil application being Civil Application No. 15674 of 2007 for belowmentioned reliefs; “(A) This Hon'ble Court may be pleased to permit list of present application alongwith Special Civil Application No.3221 of 1992 and thereby pleased to permit the applicants to withdraw main petition Special Civil Application No.3221 of 1992. (B) Pending, admission, hearing, and final hearing of present petition this Hon'ble Court may be pleased to grant interim relief in terms of para 7(A). ( C) This Hon'ble Court may be pleased to grant such and other and further relief/s, deem fit, in the interest of justice and equity.” 2. As per the averments made in the said Civil Application particularly in paras No. 4 and 5 which are reproduced hereinbelow, SCA/3221/1992 3/4 JUDGMENT “4. The applicants state and submit that the applicants and the opponents herein filed separate appeals against the said order of the Learned Deputy Collector, Petlad before Gujarat Revenue Tribunal in Revision Application No. TEN.B.A.17 of 1986 and 116 of 1986 which by its order dated 30/10/1991, allowed Revision Application No.TEN.B.A.17 of 1986 preferred by the opponents and rejected Revision Application No. TEN.B.A.116 of 1986 preferred by the applicants. Therefore, the applicants filed SCA 3221/1992 before this Hon'ble Court. 5. The applicants state and submit that the applicants and opponents hereinabove reached to a compromise and in pursuance to the same Regular Civil Suit No. 82/2002 preferred by the applicant against the opponents is also withdrawn on 22/12/2006. Annex hereto and mark as ANNEXURE-”A” is the copy of order dated 22/12/2006 and pursis Exh.32 and 33 preferred by the applicant. Therefore now no cause survives in the main Special Civil Application No. 3221 of 1992, hence SCA/3221/1992 4/4 JUDGMENT the same may be permitted to be withdrawn.” a compromise or settlement between the contesting parties has been arrived at and therefore the applicants, i.e., original-petitioners seek to withdraw the main petition being SCA No. 3221 of 1992. 3. Today, when the matter is taken up for hearing, Mr. AJ Patel and Mr. Sheetal Patel, advocates for respondents are present and submit that they have taken into account the averments made in the civil application and the reliefs prayed for and the respondents do not have any objection if the petitioner is permitted to withdraw the petition. 4. In that view of the matter, the petitioner is permitted to withdraw the petition. The petition stands disposed of as withdrawn. Rule is discharged. Interim relief, if any, stands vacated forthwith. No order as to costs. [ K.M. Thaker, J.] rmr.