2017 INSC 0735
                                    SUPREME COURT OF INDIA

                                     Chhipa Faridmahmed Suleman

                                                      Vs.

                                     Chhipa M.Suleman Khedawala

                                          C.A.No.11344 of 2017

                                 (Kurain Joseph and R.Banumathi,JJ.,)

                                                 07.09.2017

                                                JUDGMENT

Kurain Joseph, 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
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

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        no further litigations between the parties regarding 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.

7. No costs.

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