FA/199/1986 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 199 of 1986 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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 ? ========================================================= BHAGWAN DEVRAM @ UKHDU - Appellant(s) Versus DHANLAXMIBEN GANGARAM - Defendant(s) ========================================================= Appearance : MR KV SHELAT for Appellant(s) : 1, NOTICE UNSERVED for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 12/05/2008 ORAL JUDGMENT 1. This Appeal is directed against the judgment and decree passed by the learned City Civil Judge, City Civil Court, Court No. 18, FA/199/1986 2/4 JUDGMENT Ahmedabad in Civil Suit No. 661 of 1982 dated 12.04.1984 whereby, the said suit was dismissed. 2.0 The brief facts of the case are that the appellant – plaintiff had filed the suit being Civil Suit No. 661 of 1982 for a declaration that the decree passed by the appellate Bench of the Small Causes Court, Ahmedabad dated 04.05.1979 in Civil Appeal No. 322 of 1976 on the basis of a compromise entered into between the appellant and the respondent – defendant was obtained by the respondent by fraud and coercion and therefore, the said compromise decree is a nullity. The appellant had also prayed for an injunction restraining the respondent from taking any action for the recovery of the possession of the suit property on the basis of the said compromise decree. 2.1 In the said suit, the respondent filed her written statement vide Exhibit – 8 denying the contentions raised in the plaint. The trial Court framed the issues and after hearing the parties and considering the evidence on record, it dismissed the suit in question. Hence, this Appeal. 3. Heard learned Advocate for the appellant and perused the documents on record. The Court FA/199/1986 3/4 JUDGMENT below has discussed in detail about the series of litigations that existed between the parties from time to time in the impugned award. After duly appreciating the entire evidence on record, the Court below has arrived at the conclusion that the appellant had made all possible efforts to ensure that the respondent - defendant does not enjoy the fruits of the compromise decree [Exhibit – 13] entered into between them before the appellate Bench of the Small Causes Court, Ahmedabad. Nothing has been shown from the record to prove that the said compromise decree was executed by the appellant on the basis of any fraud or under any coercion. The said allegations made by the appellant appears to be utterly vague and baseless on the face of it. Thus, considering the entire evidence on record, I am of the view that the Court below was completely justified in dismissing the suit in question. I am in complete agreement with the reasonings given by and the findings arrived at by the Court below and hence, find no reasons to interfere in this Appeal. 4. For the foregoing reasons, the Appeal is dismissed. At this stage, learned Advocate for the appellant has requested for some time for the purpose of vacating the premises in question. The said request made by the learned Advocate for the appellant is granted and time to vacate the FA/199/1986 4/4 JUDGMENT premises in question is given up to 31.05.2009 on condition that the appellant – plaintiff will file an Undertaking before this Court within a period of TWO WEEKS from today to the effect that he will vacate the premises in question and will hand-over its peaceful possession to the respondent before 31.05.2009. The Appeal stands disposed of accordingly. No order as to costs. [K. S. JHAVERI, J.] Pravin/*