DINESHCHANDRA NATWARLAL SHAH Vs. HARMANBHAI KISHORBHAI PATEL

JUDGEMENT

(1.) The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant herein - original plaintiff to quash and set aside the impugned common judgement and order dated 14/05/2010 passed by learned Principal District Judge, Kheda at Nadiad in Regular Civil Appeal No. 38 of 2006 as well as Regular Civil Appeal No. 30 of 2007, by which, learned Appellate Court has allowed the aforesaid appeals by quashing and setting aside the judgement and decree dated 31/03/1995 passed by learned 3rd Joint Civil Judge (S.D.), Nadiad in Regular Civil Suit No. 34 of 1986.

(2.) Facts leading to the present Second Appeal, in nutshell, are as under: Original plaintiff instituted Regular Civil Suit No. 34 of 1986 in the Court of learned 3rd Joint Civil Judge (S.D.), Nadiad initially against original defendant Nos. 1 and 3 for specific performance of the Agreement to sell dated 26/10/1979 executed by original defendant Nos. 1 and 2 with respect to the suit land in question. It appears that by interim order, original defendant Nos. 1 and 2 were permitted to sell the disputed land in question and, therefore, defendant Nos. 1 and 2 executed sale deed in favour of Respondent No. 4 herein - original defendant No. 4 on 18/07/1992. It appears that pursuant to the order passed by this Court in Appeal from Order, Respondent No. 4 herein was implemented as defendant No. 4. That by judgement and decree dated 31/03/1995, the learned 3rd Joint Civil Judge (S.D.), Nadiad decreed the suit and directed the original defendant Nos. 1 and 2 to execute the sale deed after accepting the balance amount of plaintiff's share. It appears that being aggrieved by and dissatisfied with the judgement and decree passed by learned Trial Court, original defendant Nos. 1 and 2 (original owners) as well as original defendant No. 4 (subsequent purchaser) preferred Regular Civil Appeal Nos. 38 of 2006 and 30 of 2007 before learned Principal District Judge, Kheda at Nadiad and by impugned common judgement and order dated 14/05/20.10 learned Appellate Court has allowed the said appeals and has quashed and set aside the judgement and decree passed by the Trial Court in Regular Civil Suit No. 34 of 1986.

(3.) Today when the present Second Appeal is taken up for final hearing, Mr.Chirag Patel, learned advocate appearing on behalf of the appellant and Mr. Dhaval C. Dave, learned Senior Advocate appearing with Mr. Jigar Patel, learned advocate appearing on behalf of Respondent No. 4 herein - original defendant No. 4 and Mrs. V.D. Nanavati, learned advocate appearing on behalf of the original defendant Nos. 1 and 2 - original owners, have jointly submitted that the parties have settled the dispute amicably and have entered into consent terms signed by appellant herein and Respondent Nos. 1, 2 and 4, under which, Respondent No.4 herein - original defendant No. 4 has agreed to pay a sum of Rs. 35,11,000/- to the appellant, which is to be paid in two installments i.e. one of Rs. 1,11,000/- and another is of Rs. 34,00,000/- and on such payment, the appellant has agreed to waive all his rights in the land in question. It is stated that under the consent terms, the aforesaid amount of Rs. 35,11,000/- is required to be paid in two installments; one of Rs. 1,11,000/- by cheque bearing No. 522639 dated 14/03/ 2012 and remaining amount of Rs. 34,00,000/- by cheque bearing No, 522640 dated 30/04/2012. It is reported that the aforesaid two cheques are handed over to Mr. Chirag Patel, learned advocate appearing on behalf of the appellant herein and Mr. Chirag Patel, learned advocate appearing on behalf of the appellant has confirmed the same.