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Judgment
Gita Gopi, J
Heard learned Advocates appearing for the respective parties.
A certified copy of the order below Exhibit 1 in Special Civil Suit N.106 of 2014 passed by the learned 6th Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur dated 05.10.2023 is produced on record.
The order indicates that by moving Exhibit 53 – Withdrawal Pursis, the Suit came to be withdrawn un-conditonally on the basis of the settlement with the defendants and the Suit came to be disposed on the basis of the Withdrawal Pursis. The Affidavit of the Plaintiff in the Suit - Dineshbhai Mafabhai Desai is produced on record. Today, Dineshbhai Mafabhai Desai is present in the Court and he is identified by learned Advocate for the appellant Mr. Nirav C. Sanghavi. The plaintiff states that he has settled the dispute outside the Court and hence, he has cancelled the Agreement of Sale dated 13.02.2013 and has agreed that the same is not to be performed / enforced and that no rights, equities or liabilities would flow from the same. The un-conditional withdrawal of the Suit has been affirmed by the plaintiff by way of an Affidavit and he affirms the contents of the Affidavit.
In view of the above, the appellant (plaintiff) makes a prayer for withdrawal of the present Appeal from Order and the connected Miscellaneous Civil Application/s and Civil Application/s.
In view of the Affidavit so filed, the present Appeal from Order stands disposed of as withdrawn. Resultantly, the connected Miscellaneous Civil Application/s and Civil Application/s stand disposed of.