RASULBHAI SHAIKH Vs. RAMZANKHAN HAJIKHAN PATHAN

JUDGEMENT

(1.) Mr.R.D. Dave, learned advocate for the appellants and Mr.Premal Rachh, learned advocate for the respondent have jointly submitted that the parties have negotiated and have entered into an amicable settlement dtd. 4/2/2023, which is reduced into writing.

(2.) Mr.Rachh, learned advocate submitted that the affidavit dtd. 9/2/2023 of respondent - Ramzankhan Hajikhan Pathan has also been filed wherein, the respondent has agreed that in view of the settlement arrived at between the parties, he has no objection if the judgment and decree dtd. 5/3/2016 passed in Regular Civil Appeal No.147 of 2005 is set aside and the captioned second appeal is allowed by passing appropriate orders. The said affidavit, together with settlement agreement dtd. 4/2/2023, is directed to be taken on record.

(3.) Mr.R.D. Dave, learned advocate submitted that the suit was filed by the respondent, seeking specific performance of the agreement to sell dtd. 7/12/1980 (exh.40), which came to be rejected. Aggrieved, the respondent had filed an appeal, which came to be allowed vide judgment and decree dtd. 5/3/2016, directing specific performance of the agreement to sell. Against which, the appellants have preferred the captioned appeal which was admitted vide order dtd. 31/1/2018 and vide order of even date, the parties were directed to maintain status-quo. It is submitted that now, as declared by the respondent, the parties have settled the dispute and the respondent having received the payment, is not desirous of pursuing the matter further. In lieu thereof, the learned advocates have jointly requested that the decree be directed to be drawn in terms of the settlement agreement.