A court may quash a previous judgment and refer the matter back to the trial court to pass a consent decree when parties successfully resolve their dispute through mediation.

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. Shaivang Mehta for the appellant and learned advocate Mr. Jayraj Chauhan for respondent Nos. 4.1 to 4.3.

2. It is stated at bar by learned advocate Mr. Jayraj Chauhan that the learned advocates for the respondents are aggreable for the settlement arrived at during the course of mediation.

3. The Mediation Center has submitted a report dated 24.04.2026 stating that the mediation was successful and the settlement has been reduced in writing.

4. Learned advocate Mr. Jayraj Chauhan submitted that the appeal may be disposed of in terms of Paragraph Nos. 9, 10 and 11 of the Terms of Settlement between the parties.

5. The Mediation report along with Terms of Settlement signed by both sides is ordered to be taken on record. Learned advocate for both sides are entitled to get the certified copy of the Terms of Settlement. The Registry is directed to do the needful.

6. Impugned Judgement and Order dated 12.05.2017 passed below Exhibit 14 by the learned Principal Senior Civil Judge and ACJM, Bardoli in Special Civil Suit No. 53/2016 along with the Judgement and Decree dated 12.07.2017 are hereby quashed and set aside and the matter is referred back to the Trial Court to pass a consent decree in terms of settlement. The First Appeal is disposed of accordingly. No order as to costs.

7. In view of disposal of appeal, civil application would not survive. The same is disposed of.