IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No 62 of 2004 with CIVIL APPLICATION No. 768 of 2005 For Approval and Signature: HON'BLE MR.JUSTICE A.M.KAPADIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO 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 concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- HIRAGAURI HIMATGAR GOSAI Versus NARENDRAGAR PARSOTTAM GOSAI -------------------------------------------------------------- Appearance: 1. Second Appeal No. 62 of 2004 MR SATYAM Y CHHAYA for Appellant RULE NOT RECD BACK for Respondent No. 1-2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.M.KAPADIA Date of decision: 06/05/2005 ORAL JUDGEMENT Mr. Satyam Chhaya, learned advocate of the appellant, upon instructions received from Hiragauri H. Gosai appellant, seeks leave to withdraw the appeal as, according to the instructions received by him from Hiragauri H. Gosai - appellant, the parties have amicably settled the matter. 2. In view of the aforesaid, leave as prayed for is granted. The appeal stands disposed of as it is withdrawn, with no order as to costs. 3. Withdrawal Purshis passed by Hiragauri H. Gosai - appellant, shall be retained on record of the case together with the consent terms dated 4.4.2005 arrived at between the parties. 4. Since the appeal is disposed of as withdrawn, Civil Application No. 768 of 2005, which is filed for stay of the impugned judgement and decree, now does not assume any survival value, hence the same is disposed of accordingly, with no order as to costs. Rule is discharged. Ad interim relief granted in terms of para 5(B) shall stand discharged. (A.M.Kapadia,J) Jayanti*