Jayantibhai Galbabhai Prajapati vs. Manubhai Galbabharti Bava

ITEM NO.9 COURT NO.5 SECTION III

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No. 2328/2024

(Arising out of impugned final judgment and order dated 25-09-2023 in LPA No. 1052/2023 passed by the High Court Of Gujarat At Ahmedabad)

JAYANTIBHAI GALBABHAI PRAJAPATI & ANR. Petitioner(s)

VERSUS

MANUBHAI GALBABHARTI BAVA & ORS. Respondent(s)

(IA No.21462/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 02-02-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR

For Petitioner(s) Mr. Viraj Kadam, Adv. Mr. Soumya Dutta, AOR Mr. Rahul Kumar, Adv. Mr. Siddhant Upmanyu, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The order of the High Court impugned in this petition proceeds on the basis that the predecessors of the parties had voluntarily entered into a compromise on 11th December, 1997 and acted upon the said compromise. It has been recorded in the said judgment delivered on 25.09.2023 that the parties had entered into compromise and there was non-compliance of the order passed by the Mamlatdar on 26.11.1997.

Learned counsel appearing for the petitioner submits that this is a wrong recordal of fact. If that is the case, then the petitioner ought to approach the High Court.

With liberty to the petitioner to approach the High Court, we dismiss the present petition. The scope of filing further petition before this Court is kept open, should the petitioner file an appropriate application before the High Court and fail in such application.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR