IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No 471 of 1984 in FIRST APPEALNo 654 of 1980 with LETTERS PATENT APPEAL No 472 of 1984 in FIRST APPEAL NO. 655 of 1980 For Approval and Signature: Hon'ble MR.JUSTICE J.M.PANCHAL and MR.JUSTICE A.L.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? No 2. To be referred to the Reporter or not? No : 3. Whether Their Lordships wish to see the fair copy : YES of the judgement? No 4. Whether this case involves a substantial question : YES of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? No 5. Whether it is to be circulated to the Civil Judge? No : -------------------------------------------------------------- SIMON VENDALIN Versus MERRYBEN W/O JEROMBHAI VENDALIN -------------------------------------------------------------- Appearance: 1. LETTERS PATENT APPEAL No. 471 of 1984 MR SB VAKIL for Appellants MR SN SHELAT with MR PG DESAI for Respondents 2. LETTERS PATENT APPEALNo 472 of 1984 MR SB VAKIL for Appellants MR SN SHELAT with MR PG DESAI for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE J.M.PANCHAL and MR.JUSTICE A.L.DAVE Date of decision: 01/11/1999 ORAL JUDGMENT (Per : Panchal, J) Both these Letters Patent Appeals instituted by the original defendants under Clause 15 of the Letters Patent are directed against common judgment and decree dated September 4, 1984 rendered by the learned Single Judge in First Appeals No.654/80 & 655/80. 2. During the course of hearing of these Letters Patent Appeals, the parties to the appeals have arrived at consent terms. They are as under :- "IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT : AHMEDABAD CITY LETTERS PATENT APPEAL NOS.471 & 472 OF 1984 FROM FIRST APPEALS NOS. 654 AND 655 OF 198O SYMON VENDALIN AND OTHERS ... APPELLANTS (ORIG.DEFENDANTS) VERSUS MERRYBEN W/O JEROMBHAI VENDALIN AND OTHERS .... RESPONDENTS (ORIG.PLAINTIFFS) CONSENT TERMS On the respondent making the payment to the appellant of Rs. 17,00,000/- (In words Rupees Seventeen lakhs only) within one year from the date hereof in full and final satisfaction of their claims, rights, title, shares and interest in the suit property being Plot No.8 in Kalpana Colony, Navrangpura and constructions made thereon, the Responents-Plaintiffs shall be absolute and exclusive owners of the suit property. If the respondents fail to pay the same within the stipulated period, the amount/balance remaining unpaid on expiry of the period of one year shall be paid with interest thereon at 18% per annum till payment. 2. The aforesaid amount shall be paid by A/c. payee cheque in the name of Babubhai V. Christian on behalf of the branches of all the three brothers, Simon Babu and the late Roman. On such payment being made to Babubhai the liability of the respondents hereinbefore provided shall stand discharged. Babubhai agrees and undertake to this Hon'ble Court that he shall pay to Simon and Roman's branch their respective shares in the amount's to be received by him hereunder. If before the appellants have paid to the respondents the full amount agreed upon hereinbefore, the respondents desire to raise moneys by transfer in any manner of the suit property or any part thereof, the appellants shall give their consent or confirmation of such transfer on condition that the transferee shall pay to Babu the consideration for transfer or such part thereof as is necessary topay to the appellants amount due to them. Simon, Kirpa and her sons Wilson and Linush shall give within 15 days hereof a power of attorney in favour of the appellant. Babu to receive payment on their behalf as aforesaid and to consent to or confirm on their behalf any transfer of the suit property as herein before provided. 3. The appellants agree and undertake to this Hon'ble Court that they or any of them shall not, pending implementation of these terms, and the decree to be passed pursuant thereto transfer, alienate or part with any right, title, share or interest claimed by them in the suit property or part with possession of the suit property or any part thereof in favour of any third party. Agreed that within a period of three months from the receipt of the full amount hereinbefore provided the appellants undertake to vacate and hand over vacant and peaceful possession of any part of the suit property occupied by or in possession of them or any of them. 4. Agreed that the decrees dated 4.9.1984 passed by this Hon'ble Court (Coram: G.T.Nanavati, J.) in First Appeals No.654 and 655 of 1980 arising from original suits No. 1759 of 1973 and 1248 of 1975 of the City Civil Court at Ahmedabad be set aside and a decree be passed in terms hereof in the said suits. Agreed that there would be no order as to costs throughout. Ahmedabad. 29th October, 1999 Appellants. 1. SIMON VENDALIN 2. BABUBHAI VENDALIN 3. Heirs and Legal Representative of Roman Vendalin. 3/1. KRIPA ROMAN CHRISTIAN 3/2. WILSON ROMAN CHRISTIAN 3/3. LINUSH ROMAN CHRISTIAN ADVOCATE FOR THE APPELLANTS. RESPONDENTS 1. KIRITBHAI JEROMBHAI 2. PIYUSHBHAI JEROMBHAI THROUGH HEIRS 2/1. MARRYBEN ALIAS LATABEN,WIFE OF DECEASED PIYUSHBHAI 2/2. MINOR MANISH SON OF PIYUSHBHAI Through their natural guardian Manish Piyush Jerome Marry Piyush Jerome Marshal Piyush Jerome Mary Piyush Jerome 2/3. MINOR MARSHAL SON OF PIYUSHBHAI Through their natural guardian 3. NIRMALABEN JEROMBHAI 4. SUSHILABEN JEROMBHAI 5. STELLABEN JEROMBHAI 6. JOSEPH JEROMBHAI 7. LUSIBEN JEROMBHAI. ADVOCATE FOR THE RESPONDENTS." 3. In Civil Application No.12796/99 which was filed in Letters Patent Appeal No. 471/84 as well as in Civil Application No. 12799/99 which was filed in Letters Patent Appeal No. 472/84, the Court by an order dated November 1, 1999 has granted leave to Marryben alias Lataben, widow of deceased Piyushbhai to enter into compromise on behalf of minor Manish Piyushbia and minor Marshal Piyushbhai after recording satisfaction that the compromise is in the interest of minors. The parties to the appeals had stated to the Court on October 29, 1999 that they were explained the consent terms and the terms were acceptable to them. As the parties to the appeals were willing to enter into compromise for the subject matter of appeals, they have signed the same. The consent terms are also signed by the learned Counsel for the parties. We are satisfied that the appeals have been adjusted wholly by lawful compromise. The consent terms are, therefore, ordered to be taken on record of the above-numbered two appeals. As agreed between the parties, two decrees dated September 4, 1984 rendered by the learned Single Judge in First Appeals No.654/80 and 655/80 arising from Original Suit No.1759/73 and 1248/75 of the City Civil Court at Ahmedabad are hereby set aside and the Office is directed to draw decree in terms of the consent terms which are reproduced hereinabove. The two Letters Patent Appeals are disposed of in view of the consent terms. There shall be no orders as to costs throughout. ****** (patel)