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Judgment
Umesh A. Trivedi, J
Heard Mr. Saurabh M. Patel, learned advocate for the appellants.
He placed on record an affidavit, duly affirmed by appellant No. 1.2 – Patel Nilaxkumar son of Manubhai Patel, stating therein that the matter between the parties is settled out of Court and pursuant thereto, the payment of Rs.37,00,000/- is made to respondent herein through RTGS, details of which is mentioned in the affidavit itself.
Mr. J.V. Japee, learned advocate representing respondent, acknowledges the same and submits that as stated in the affidavit and as per the out of Court settlement, the Execution Petition filed by the respondent – original plaintiff herein would be withdrawn.
The affidavit is ordered to be taken on record. Since entire decree is being satisfied as a full and final settlement of Rs.37,00,000/-, and respondent – original plaintiff herein assures to withdraw the Execution Petition, Mr. Saurabh M. Patel, learned advocate for the appellants, seeks permission to withdraw this First Appeal.
In view thereof, this appeal stands disposed of as withdrawn. Notice is discharged. Ad-interim relief, if any granted earlier, stands vacated.
Registry is hereby directed to grant the permissible Court-fee refund in favor of the appellants or any of the appellant, if they nominate.
In view of the disposal of the main appeal, connected Civil Application/s also stands disposed of.