C/FA/224/2022 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 224 of 2022 With R/CROSS OBJECTION NO. 182 of 2023 In R/FIRST APPEAL NO. 224 of 2022 ========================================================== HEIRS OF DECD RAMCHANDRA KISHANLAL & ORS. Versus WHITE HOUSE ASSOCIATION & ANR. ========================================================== Appearance: MR RUTUL P DESAI(6498) for the Appellant(s) No. 1,1.1,1.2,1.2.1,1.2.2,1.2.3,1.2.4,2 MR JF MEHTA(461) for the Defendant(s) No. 1 RULE UNSERVED for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 16/10/2025 ORAL ORDER 1. Today, both the learned advocates jointly urged that the parties have settled the disputes outside the Court and have tendered a copy of the settlement arrived at between the parties, which is taken on record. The consent terms of the settlement read as under:- "CONSENT TERMS 1. The parties i.e. the Appellants and the respondent no. 1 herein during the pendency of the aforesaid first appeals and the cross-objections, have amicably settled all their disputes and difference arising out of the subject matter of the present Appeal and the original proceedings from which the Appeal has arisen. Accordingly, the parties have agreed to reduce the terms C/FA/224/2022 ORDER DATED: 16/10/2025 of settlement in writing, which are as under:- (A) The appellants shall pay an amount of Rs. 2,62,650/- towards maintenance and administrative charges. It is agreed that as same is pending since long, a lump sum amount of Rs. 1,00,000/- is agreed to be paid by the appellant to the respondent as interest over the said outstanding of maintenance charges. It is also agreed that appellant shall pay Rs. 1,50,000/- to the Respondent Association. (B) Appellant shall thus pay an amount of Rs. 5,12,650/- to the respondent as full and final settlement of all the dues. It is also agreed that association shall not be entitled to claim any other amount with respect to the dispute for which the suit and counter claim to be filed. (C) Appellant may regularize the Office no. 17/B by paying impact fees to the Ahmedabad Municipal Corporation, if so required, after obtaining the permission from the respondent association. (D) Accordingly, the Appellants has handed over the Demand Draft drawn in favor of WHITE HOUSE ASSOCIATION of Bank HDFC BANK for an amount of Rs. 2,50,000/- dated 26th June 2025 & Demand Draft drawn in favor of WHITE HOUSE ASSOCIATION of Bank THE KALUPUR COMMERCIAL COOPERATIVE BANK LTD for an amount of Rs. 2,62,650/-dated 17th July 2025 (E) Upon receipt of the aforesaid amount, the Respondent will issue no due certificate. Further, appellant shall follow the procedure of transfer the property in the name of legal heirs of deceased members, and furnish the all-necessary documents to the association. (F) Appellant hereby agrees that ownership of the Podium terrace was that of association and will remain of the association and appellant has no right and title over podium terrace. Not only appellant has even no user right, title and interest over the podium terrace and C/FA/224/2022 ORDER DATED: 16/10/2025 association is only exclusive owner and use of the same. Appellant has not individual right to use the same but appellant has right to use the same with other members as per the rules and regulations of the association. (G) The parties have agreed that the appellant herein will be entitled to use and occupy the Office premises/Unit 17-B, being the rights which have been given to the appellant and there will not be any claim amount from the Appellant except the regular maintenance charges as payable by one and all. (H) The present consent terms will be replaced with the judgment and decree passed by the learned court below and the same shall be binding to both the parties. 2. The parties request this Hon'ble Court to record the present consent terms and draw the decree accordingly and dispose of the above appeal accordingly. 3. The parties further state that they are entering into these Consent Terms voluntarily and without any coercion or undue influence. 4. The Respondent no.1- White House Association is a Non-Trading Corporation, which is duly represented by Mr. Arun Khatri, Authorized representative of the Resp.- 1. The Resp.-1 vide resolution no.1 dated 4.9.2025 has accepted the consent terms stated hereinabove and accordingly have authorized Mr. Arun Khatri to sign the present consent terms." 2. In view of the above facts, both the learned advocates urge before the Court that the present appeal as well as cross objection may be disposed of, as the parties have already arrived at an amicable settlement. 3. Since the settlement has been arrived at between the parties, the present appeal as well as cross objection C/FA/224/2022 ORDER DATED: 16/10/2025 stand disposed of. The parties shall abide by the consent terms mentioned in the settlement. Decree be drawn in terms of the consent terms. Record and proceedings be sent back to the concerned Trial Court forthwith. Interim relief, if any, stands vacated forthwith. (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/10/2025 17:02:34