(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Rule.
Learned advocate Mr. Majmudar waives service of notice of rule on behalf of opponents.
2. Heard learned advocate Mr. Mehul S. Shah for the applicants and learned advocate Mr. Majmudar for the opponents.
3. It is the case of the applicants that though the preliminary decree for partition by metes and bounds has been passed in favour of the applicants and each of the applicants is held entitled to 1/10th share, the opponents are making changes in the property by making construction. It is also contended that there is no stay on operation of preliminary decree which also injuncts the opponents from making any change in the property or creating any right or title or encumbrances on the property. What is stated is only the further process of drawing of final decree.
4. On the other hand, learned advocate Mr. Majmudar submitted that the opponents do not propose to create any encumbrances or further equity on the property in question nor do they propose to transfer the property to anyone in any manner. The only change that is made is that since sometime back, a cow had fallen in the well, the construction is sought to be made with a view to make a boundary wall around the well. However, Mr. Majumudar, instructed by Mr. Kamlesh Patel, respondent No.4, made a statement on behalf of all the opponents that they would maintain status-quo in respect of the property in question as it stands today and they would not make any further construction or change the nature of the property in any manner till the matter is pending.
5. On this statement being made by learned advocate for the opponents, learned advocate for the applicants does not press this application. The application stands disposed of accordingly.
6. Having heard learned advocates for sometime on the question of directions sought, which also touches the merits, we are of the view that there is an element of settlement in the matter.
7. The dispute is between the parties, who are inter se related. It is, therefore, desirable that the dispute is settled amongst them amicably. We, therefore, refer this matter to the Mediation Center, High Court of Gujarat, with consent of the advocates.
Sd/-
[A.L.
Dave, J.] Sd/-
[N.V.
Anjaria, J.] #MH Dave Top