Present Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants - original plaintiffs challenging the Judgement and Order passed by the learned appellate court - learned Fast Track Court No.1, Sabarkantha at Himmatnagar in Civil Appeal No.18 of 2006 dtd.5/4/2007, in so far as the observations made in sub para 2 of the operative portion of the order.
Today when the present Second Appeal is taken up for final hearing, Mr.Ashish Dagli, learned advocate appearing on behalf of the appellants and Mr.K.V. Shelat, learned advocate appearing on behalf of the respondents herein have stated at the bar that parties have settled the dispute amicably and they have entered into compromise dtd.1/5/2012 signed by the respective parties to the suit as well as their advocates, under which the parties have agreed that the respondent No.2 shall be permitted to put a window of the measurement of 1.1/2 feet X 1.1/2 feet at the height of 6.00 feet from the road level in extreme left side of his wall as earmarked in the photograph attached with the compromise purshis / settlement agreement. It is also agreed between the parties that window that may be permitted to be put up would be subject to obtaining permission and approval of Plan from the the concerned Nagar Palika. It is also agreed between the parties that window that may be permitted to be put would be covered with net and it is agreed by heirs and legal representative of the respondent i.e. heirs and legal representative of Abdul Razak Alimohmed Haffasjjiwala that in case regular kitchen is established, proper arrangement to be made so as to see that no smoke be found. The learned advocates appearing on behalf of the respective parties have requested to modify the Judgement and Order / decree passed by the learned appellate court in view of the compromise purshis / settlement agreement dtd.1/5/2012, as stated hereinabove.
Compromise Purshis / settlement agreement signed by the respective parties and their learned advocates dtd.1/5/2012 along with the photograph with respect to proposed window is directed to be taken on record.
In view of the above compromise as per compromise purshis / settlement dtd.1/5/2012 and photographs with respect to proposed window, and request made by the learned advocates appearing on behalf of the respective parties under the instructions of their respective parties, present Second Appeal is allowed and parties to act as per the compromise purshis / settlement agreement dtd.1/5/2012, and decree be drawn in terms of the aforesaid compromise purshis / settlement agreement dtd.1/5/2012 and consequently the Judgement and Order / decree passed by the learned appellate court - learned Fast Track Court No.1, Sabarkantha at Himmatnagar in Civil Appeal No.18 of 2006 dtd.5/4/2007 are hereby modified to the aforesaid extent in terms of the compromise purshis / settlement agreement dtd.1/5/2012.
[M.R.
SHAH, J.] rafik Top