(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This appeal is at the instance of the defendant in a suit for specific performance of contract and is directed against the judgment and decree dated August 30, 2011 passed by the third Court of Additional Senior Civil Judge, Surendranagar in Special Civil Suit No. 1 of 2005.
During the pendency of the Appeal, plaintiff and the defendant no.2, subsequent purpchaser from the defendant no.1-original owner have enterd into compromise and jointly payed before us for setting aside the decree passed by the learned trial Judge and for passing a decree in terms of the settlement arrived at between the parties which has been filed before us.
After going through the terms of the settlement, we find that those are lawful. Accordingly, we set aside the decree passed by the learned trial Judge and substitute the same by a fresh decree in terms of settlement arrived at between the plaintiff and the defendant no.2, the subsequent purchaser. Let the terms of settlement filed before this Court do form part of the fresh decree. Let a decree be drawn in terms of the terms of settlement filed before this Court. Since this Appeal has been settled by way of agreement between the parties before any effective hearing by this Court, the appellant is entitled to get refund of half of the amount of the court fees affixed to the memorandum of Appeal in terms of Section 43[1] of the Gujarat Court Fees Act, 2004. Office is directed to refund half of the court fees.
Appeal is allowed in terms of the settlement produced before the Court.
Since the main Appeal is disposed of, Civil Application does not survive and the same is disposed of accordingly.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-
Top