VAGHARI BAPUBHAI DEVRAJBHAI Vs. BHARATBHAI DALSUKHBHAI VAGHARI

JUDGEMENT

(1.) The captioned First Appeal, which has yet not been given regular number, arose from order dtd. 7/10/2017 passed by learned Additional Senior Civil Judge, Kadi, below Exh.1 in Civil Misc. Application No. 43 of 2014. The said application was the proceedings under sec. 372 of the Hindu Succession Act, 1925, whereby the prayer of the applicants- respondents herein were for grant of probate.

(2.) The court below by the impugned order allowed the application to direct issuance of probate certificate in favour of the applicants-the respondents herein in respect of the properties mentioned in the application on condition of payment of court fee on the value of Rs.5.00crores.

(3.) Today, when the appeal comes up for consideration alongwith connected civil applications, learned advocate Mr. Tejas Satta stated that the parties have settled their dispute outside the court and that the appellant is no more willing to prosecute the appeal. He tenders affidavit on behalf of the respondents conforming about the settlement about the parties not wanting to continue further with the proceedings in relation to the subject matter in question. The said affidavit is kept alongwith its accompaniments in the files of the court.