BIRAJBHAI HASMUKHBHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocates waives service of notice of rule for and on behalf of the respective respondents.

(2.) At the outset, learned advocate Mr.H.S.Somaiya for learned advocate Mr.Vahora and learned AGP have submitted that the parties have settled the dispute. It is submitted that the petitioner is the son of the respondent No.5 and hence, the writ petition may be disposed of and the impugned order may be set aside since initially, the father had some reservations with regard to the land in question against the petitioner, who is his son however, after the civil suit was decided by the judgement and decree dtd. 12/9/2014 in his favour, he has filed relinquishment deed dtd. 25/1/2016 relinquishing his right in favour of the petitioner i.e. his son. Both the learned advocates for the respective parties have also submitted that during pendency of the writ petition, the respondent No.5 has also filed an affidavit dtd. 5/3/2021 before this Court. The same is ordered to be taken on record.

(3.) Learned advocate appearing for the respective parties have submitted that prior to this affidavit, three affidavits were filed before the lower Court however, the impugned orders are premised on the observations made vide order dtd. 27/6/2016 in Entry No.111863 with regard to land in question, which mentions about stay of the Civil Court, Anand. It is submitted that thereafter both, father and son, have settled the dispute hence, the impugned orders may be set aside.