KHANT SHAKANBHAI MOTIBHAIversusKHANT SNEHABEN WIDOW OF VINAYKUMAR SHAKANBHAI KHANT
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
Holding
The appeal and the civil application are disposed of in terms of the parties' settlement, with interim relief vacated and no costs awarded.
Summary
The appellants, grandparents, and the respondent, the mother, filed a first appeal and a civil application for stay concerning a dispute over the welfare of a child. Both parties appeared before the court and submitted sworn affidavits along with a notarized settlement agreement dated 17 July 2026. The court examined the settlement and found that it was entered into voluntarily in the best interests of the child. Consequently, the court ordered that the appeal and the civil application be disposed of in accordance with the terms of the settlement. The interim relief previously granted was vacated and no order as to costs was made. The parties were directed to adhere to the settlement terms.
Issues considered
- What is the appropriate disposition of a first appeal and a civil application for stay when the parties have reached a notarized settlement?
- Can the court vacate interim relief and dispose of the proceedings based solely on the parties' settlement?
Subjects
Judgment
C/FA/2710/2026 ORDER DATED: 17/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2710 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/FIRST APPEAL NO. 2710 of 2026
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KHANT SHAKANBHAI MOTIBHAI & ANR.
Versus
KHANT SNEHABEN WIDOW OF VINAYKUMAR SHAKANBHAI KHANT
==========================================================
Appearance:
MR SUDHIR NANAVATY, SR ADVOCATE WITH MR MAULIN G
PANDYA(3999) for the Appellant(s) No. 1,2
MR NM KAPADIA(394) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 17/07/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have heard learned Senior counsel Mr. Sudhir Nanavaty with
Mr. Maulin Pandya, learned advocate and Mr. Nimish Kapadia,
learned advocate for the respective parties.
2. It has been jointly submitted that the parties have settled their
dispute amicably and matter may be disposed of in terms of
notarized settlement dated 17.07.2026. The appellants, who are
grandfather and grandmother of the two children and respondent
mother of the child remained present before us. The parties have
agreed upon the terms and conditions of the settlement and upon
inquiry, it appears that, they voluntarily entered into compromise
in the welfare and interest of the child. The sworn affidavits of the
parties and notarized settlement agreement tendered by learned
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C/FA/2710/2026 ORDER DATED: 17/07/2026
counsels are ordered to be taken on record.
3. In such circumstances, the appeal stands disposed of in terms of
terms and conditions of the settlement dated 17.07.2026. Parties
are directed to adhere to the terms and conditions of the settlement.
4. Accordingly, the Appeal along with Civil Application stand
disposed of. Interim relief, stands vacated. There shall be no order
as to costs.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 17/07/2026 17:11:32
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