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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11344 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 30856 OF 2012 ] CHHIPA FARIDMAHMED SULEMAN         Appellant(s)

                               VERSUS CHHIPA M. SULEMAN KHEDAWALA & ORS.     Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted.

2. The  parties  are  before  this  Court  with certain  grievances  regarding  partition.   The disputes started in the year 1987.  During the pendency of the matter before this Court, several attempts  were  made  to  bring  out  an  amicable settlement, particularly taking note of the fact that the original parties are aged 83 years and 87 years, who are real brothers, and this Court was of the view that at least at this age of their lives, they should have a peaceful evening without any litigations pending between them.

3. Thanks to the understanding of the children and  the  grandchildren  and  thanks  to  the

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cooperation  extended  by  the  learned  counsel appearing on both sides and the learned counsel who appeared for the parties at the trial stage, we are happy that an amicable settlement has been arrived at by the intervention of the Court.

4. Accordingly,  this appeal  is disposed  of as follows :-

i) Respondent No. 1 shall pay to the appellant an amount of Rs. 36,00,000/- (Rupees Thirty Six Lakhs) within a period of 12 months from today.

ii) Within 24 hours of the payment of the said amount  of  Rs.  36,00,000/-  (Rupees  Thirty  Six Lakhs), either at the expiry of the period or before the period, the appellant shall surrender vacant possession of the premises in question and hand over the same to the first respondent.

iii) On such payment and vacation of the premises in  question,  the  entire  disputes  between  the parties on partition shall stand concluded.  In other  words,  there  shall  be  no  further litigations  between  the  parties  regarding

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partition/gift deed, which has been the subject matter of the litigation.

5. Having regard to the age of the parties, we request the children and the grandchildren to see that the family bond is restored, which is the actual asset of the family so that the goodwill and good name of the family is continued also by the generations to come.  It is made clear that for  raising  the  amount,  the  parties  shall cooperate  for  disposal  of  the  property  viz. Survey No. 1017, Jamalpur-1, Ahmedabad.

6. With the above observations and directions, the appeal is disposed of.

No costs.  .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; September 07, 2017.

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ITEM NO.1               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(s).  30856/2012 (Arising out of impugned final judgment and order dated  01-05-2012 in  FA  No.  5964/1998  passed  by  the  High  Court  Of  Gujarat  At Ahmedabad) CHHIPA FARIDMAHMED SULEMAN   Petitioner(s)                                 VERSUS CHHIPA M. SULEMAN KHEDAWALA & ORS.            Respondent(s) Date : 07-09-2017 This petition was called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Jatin Zaveri, AOR

Mr. Neel Kamal Mishra, Adv.                      For Respondent(s) Mr. Deepak Dave, Adv.  

Ms. Arti Singh, AOR                      

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

Leave granted.  The  appeal  is  disposed  of  in  terms  of  the  signed

non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)   COURT MASTER                              ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file) PS. :  A Document containing Consent Terms (in original - with  

corrections made by the parties) is annexed with this  Record of Proceeding/Judgment.