NARANBHAI MANILAL PATEL Vs. ISHWARBHAI MANILAL PATEL

JUDGEMENT

(1.) The Second appeals are filed by the appellants challenging the judgment and decree dtd. 27/4/2017 passed by the learned 3rd Additional District Judge, Surat in Regular Civil Appeal No. 20 of 2006, as well as judgment dtd. 4/9/2005 passed by the learned 4th Additional Senior Civil Judge, Surat in Special Civil Suit No. 67 of 1982, whereby the suit preferred by the original plaintiffs was partly allowed and a preliminary decree under Order 20, Rule 18(1) of Code of Civil Procedure, was ordered to be drawn.

(2.) There is cross Second Appeal also filed by the defendants of Second Appeal No. 301 of 2017 and Second Appeal No. 302 of 2017 being Second Appeal No.342 of 2017 wherein they have challenged order passed below Exhibit-79 dtd. 15/12/2016.

(3.) In all the three appeals parties are common. The settlement agreement entered into between all the concerned parties and the terms and conditions entered into by and between the parties of all the three second appeals. The said content terms are on record of Civil Application No. 3 of 2022 in Second Appeal No. 301 of 2017, Civil Application No. 3 of 2022 in Second Appeal No. 302 of 2017 and Civil Application No. 1 of 2022 in Second Appeal No. 342 of 2017 (wherein translated version dtd. 28/3/2022 in Gujarati is also on record in addition to the English version) whereby all the four brothers and their legal heirs namely Naranbhai Manibhai Patel, Dineshbhai Manibhai Patel, Muljibhai Manibhai Patel and Ishwarbhai Manibhai Patel have entered into consent terms and they have agreed that the description of subject parcels of land given in paragraph No. 1 (A to E), is now not in dispute in the present proceedings and they all have consented the dispute with regard to said subject properties mentioned in paragraph No. 1(A to E) and prayed that this Court may pass the partial decree on the basis of the consensus arrived at between the parties. The paragraph No. 6, wherein dispute of subject parcels of land is settled, reads as under:-