(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. This Appeal under Section 96 of the Code of Civil Procedure, 1908 is at the instance of the original defendants, arising from a decree passed by the Civil Court on the strength of a settlement arrived at between the parties outside the Court and is directed against the order passed by the 2nd Additional Senior Civil Judge, Anand, below Exh.105 in Special Civil Suit No.144 of 2009, by which the Civil Court rejected the application Exh.105 filed by the defendants to declare the settlement arrived at by the parties as a nullity alleged to have been obtained by fraud and coercion.

2. The Civil Court, while rejecting the application Exh.105 filed by the original defendants, partly held the settlement deed Exh.35 dated 11th January 2011 as legal & valid and directed the defendants to execute the necessary sale deeds in favour of the plaintiff or in favour of the party which the plaintiff would suggest and the entire cost of such sale deeds was directed to be borne by the plaintiff. The Civil Court also clarified that the plaintiff had not to pay any sale consideration.

3. For the sake of convenience, the appellants shall be referre