FA/897/2003 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 897 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE H.B.ANTANI ===================================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment? NO 2 To be referred to the Reporter or not? NO 3 Whether Their Lordships wish to see the fair copy of the judgment? NO 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? NO 5 Whether it is to be circulated to the Civil Judge? NO ========================================================= FARIDBHAI NABIBAKSH SAMSHER AND ANOTHER - Appellants Versus BAI MARIYAM, D/O NABIBAKSH – Respondent ========================================================= Appearance : MS AMRITA M THAKORE for the Appellants. MR JAYESH A DAVE for the Respondent. ========================================================= CORAM : HONOURABLE MR.JUSTICE H.B.ANTANI Date : 03/03/2008 ORAL JUDGMENT 1. Heard learned Counsel Ms. Amrita M. Thakore for the appellants and Mr. Jayesh A. Dave for the respondent. FA/897/2003 2/2 JUDGMENT 2. Both the learned Counsel have submitted the consent terms arrived at between the parties to the present appeal. The consent terms are signed by the parties to the suit as well as the appeal. It is also signed by the learned Counsel representing both the sides. The consent terms is to be taken on record. 3. In view of the consent terms arrived at between the parties, the judgment and order passed by the learned Judge, City Civil Court in Special Civil Suit No. 4128 of 1998 is hereby quashed and set aside and the same is substituted by the consent terms arrived at between the parties. The judgment and decree passed in the aforesaid suit shall be substituted by the consent terms, and the parties would abide by the consent terms. In view of these observations, the appeal stands disposed of. Decree to be drawn accordingly. No costs. 4. In case of violation of the consent terms, the parties would be at liberty to approach the Court. [H. B. ANTANI, J.] /shamnath