RAKSHIT SURESHBHAI PATEL Vs. JAYANTBHAI MOHANBHAI EXECUTOR ADMINSTRATOC PROPERTIES OF BUDHALAL POPATLAL

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree dtd. 28/11/2014 passed by the learned Civil Judge, Ahmedabad (Rural), wherein the Civil Judge was pleased to decree the suit in favour of the plaintiff. The said decree has been challenged by way of Regular Civil Appeal no.5 of 2015 by the defendant no.2 of the Civil Suit. The said appeal was dismissed vide judgment and order 11 th September, 2018.

(2.) Being aggrieved by the same, the said defendant no.2 has filed the present appeal. This appeal was admitted by order dtd. 22/6/2020 and the execution proceedings were stayed.

(3.) During the pendency of this appeal, the parties have amicably settled the dispute between them. Mr. Buch, learned advocate for the appellant and Mr. Vimal Patel, learned advocate with Mr. Vaghela, learned advocate for the respondent no.1 has filed settlement purshis, which is taken on record. The parties have arrived at settlement for which separate agreement was executed between the parties and the learned advocate for the appellant has not pressed the second appeal. He also stated that if both the impugned judgments and decree are confirmed, no harm would be caused to the appellant and the possession of the disputed property will be handed over to the original plaintiff - respondent herein within the period of one week after passing of this order.