The challenge in the present petition was directed against order dated 28.10.2004 in Civil Miscellaneous Appeal No.250 of 2002 passed by the learned Assistant Judge, Vadodara, whereby he partly modified the order dated 28.07.2000 passed by the trial court dismissing the application exh.5 of the plaintiff-respondent herein, in Special Civil Suit No.687 of 2000. The petition was admitted by order dated 06.05.2005 making Rule returnable.
Today when the matter was posted for hearing, learned advocate Mr. Chirag B. Patel produced on record compromise purshish exh.123 filed by the parties before the Addl. Senior Civil Judge, Vadodara, together with copy of order and decree dated 13.04.2009 passed by the trial court on the basis of the settlement. Learned advocate for the petitioner has certified the xerox copies as true copies. They are taken on record.
In above view, the present petition no more survives and accordingly it is disposed of. It is needless to say that the parties will abide by the settlement. Rule is discharged. No order as to costs.
N.V.
ANJARIA, J.) [SN DEVU PPS] Top