Gujarat High Court
Jiluben Hajibhai Sandhi & 3 vs Babubhai (Alarkha) Hamirbhai Sandhi & 5 on 15 June, 2017
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/11282/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11282 of 2017
==========================================================
JILUBEN HAJIBHAI SANDHI & 3....Petitioner(s)
Versus
BABUBHAI (ALARKHA) HAMIRBHAI SANDHI & 5....Respondent(s)
==========================================================
Appearance:
MR SANDEEP N BHATT, ADVOCATE for the Petitioner(s) No. 1 - 4
MS SONAL S BHATT, ADVOCATE for the Petitioner(s) No. 1 - 4
==========================================================
CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 15/06/2017
ORAL ORDER
1. The present petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 16.05.2017 passed by the learned 7th (Adhoc) Additional District Judge, Jamnagar whereby learned Additional District Judge has refused to record settlement pursis at Exh.21 and 22 in Civil Regular Appeal No.19 of 2012.
2. Learned advocate Mr.Sandeep Bhatt for the petitioners takes the Court to Order XXIII Rule 3 of Civil Procedure Code, 1908 ("the Code") to point out that if recording of settlement pursis is not permissible, passing of decree on part adjustment of the suit or passing of partial decree on agreement or compromise is permissible under Order XXIII Rule 3 of the Code and, therefore, the petitioners would like to prefer application under Order XXIII Rule 3 for such purpose and with a view to file fresh application, the petitioners do not press for the challenge made in the present petition.
3. In view of the above, the petition stands disposed of as not pressed, leaving it open to the petitioners to make appropriate application as stated above by learned advocate for the petitioners.
(C.L.SONI, J.) Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jun 16 00:14:42 IST 2017 C/SCA/11282/2017 ORDER Gupta* Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jun 16 00:14:42 IST 2017