High Court of Gujarat

NAYANABEN BHUPENDRABHAI ALIAS BHARATBHAI SUMADversusBHUPENDRABHAI ALIAS BHARATBHAI DHANRAJBHAI SUMAD

Disposal: 40-WITHDRAWN @ FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal was disposed of upon the parties' amicable settlement and the appellant's request to withdraw the appeal.

Summary

The appellant, Nayanaben Bhupendrabhai, filed a first appeal against Bhupendrabhai Dhanrajbhai. During the pendency of the appeal, the parties reached an amicable settlement, and a settlement agreement was presented by the appellant's counsel. The court recorded the settlement agreement and considered the appellant's request to withdraw the appeal. Relying on the parties' settlement, the court granted permission to withdraw the appeal. Consequently, the appeal was disposed of.

Issues considered

Whether an appeal pending before the High Court can be withdrawn on account of an amicable settlement between the parties.

Subjects

settlementappeal withdrawalcivil procedureamicable settlementhigh court

Judgment

          C/FA/3765/2017                                                                   ORDER DATED: 09/06/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/FIRST APPEAL NO. 3765 of 2017

==========================================================
          NAYANABEN BHUPENDRABHAI ALIAS BHARATBHAI SUMAD
                               Versus
         BHUPENDRABHAI ALIAS BHARATBHAI DHANRAJBHAI SUMAD
==========================================================
Appearance:
MR DIVYANG JOSHI on behalf of MR CHINTAN S POPAT(5004) for the
Appellant(s) No. 1
MR VISHAL B VIRDHI on behalf of MR HARDIK H DAVE(6295) for the
Defendant(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
         and
         HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                    Date : 09/06/2026

                                   ORAL ORDER
                    (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


           It is reported that parties have settled their disputes amicably. The
settlement agreement tendered by learned advocate for the appellant is
ordered to be taken on record.
           In view of the amicable settlement, the appellant seeks permission
to withdraw this appeal. The appeal stands disposed of accordingly.



                                                                                                     (ILESH J. VORA,J)



                                                                                                  (R. T. VACHHANI, J)
MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/06/2026 17:22:29




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