Learned counsel have jointly stated that the parties have arrived at settlement and they are present in the court and have confirmed about the settlement arrived at, which has been reduced to writing and also placed on record.
As it transpires from the record that the appellant was not party in the Civil Suit No.2316/2010, however, this Court had granted leave to Appeal. However, in view of the settlement arrived at by and between the parties, the present First Appeal deserves to be allowed.
The First Appeal stands allowed accordingly in view of the above settlement arrived at between the parties. The impugned order passed in Civil Suit No.2316 of 2010 dated 22nd October, 2010 by the Learned Judge, City Civil & Sessions Court No.9, Ahmedabad is hereby set and aside.
In view of the above order passed in main First Appeal, Civil Application does not survive and stands disposed of accordingly.
(RAJESH H.SHUKLA, J.) /patil Top