JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule. Learned advocates appearing for the respective parties waive service of notice of rule.

2. By way of filing present applications, the applicants have prayed for permission to withdraw main writ petitions being Special Civil Application Nos.7670 & 7671 of 2013 unconditionally.

3. Heard learned Senior Counsel, Mr. Shalin Mehta assisted by learned advocate, Mr. Aditya Gupta with learned advocate, Mr. Harshal Boradiya for applicant of CA No.1/2026 in SCA No.7670/2013 & CA No.1/2026 in SCA No.7671/2013, learned Senior Counsel, Mr. S.N. Soparkar assisted by learned advocate, Mr. Kurven Desai for the respondent no.5 of CA No.1/2026 in SCA No.7670/2013 & CA No.1/2026 in SCA No.7671/2013, learned advocate, Mr. B.S. Patel assisted by learned advocate, Mr. Umang Oza for learned advocate, Mr. Chirag Patel for the respondent no.9 of CA No.1/2026 in SCA No.7671/2013 and learned Senior Counsel, Mr. Anshin Desai assisted by learned advocate, Ms. Venu Nanavaty for learned advocate, Mr. S.A. Chhabaria for the applicant of CA Nos.1 & 2 of 2018 in SCA Nos.7670 & 7671 of 2013.

4. Learned Senior Counsel, Mr. Shalin Mehta submitted that the present matter has a chequired history having several litigation from the revenue authorities reached upto the Hon’ble Supreme Court, therefore before making submissions on merits, certain sequence of incident of events are required to be considered, which are as under,

4.1 One Shri Kantilal Ambalal Patel being Administrator of Kantilal Ambalal Patel HUF had filed one Special Civil Suit No.149/2005 against 5 - Gayatrinagar Cooperative Society before the court of learned Civil Judge, Vadodara on 30.03.2005, wherein amicable settlement had taken place between the parties and based upon the said compromise arrived at between the parties, a consent decree was passed by the learned Civil Judge, Vadodara on 30.04.2005 in favour of Kantilal Ambalal Patel HUF and on the basis of the said consent decree, five different registered sale deeds came to be executed on 22.11.2010 in favour of Kantilal Ambalal Patel HUF and on the basis of said registered sale deed, necessary entries came to be mutated in the revenue record.

4.2 However subsequently, some of the members of the Gayatrinagar Cooperative Societies had challenged the aforesaid consent decree before this Hon’ble Court by way of filing First Appeal Nos.1827 & 1828 of 2021, however pending said first appeals, the said Kantilal Ambalal Patel passed away, therefore, his legal heirs were brought on record.

4.3 However pending above first appeals, certain applications were preferred by the third party to join them as party respondents contending inter alia that they are the necessary and proper party, therefore at the time of deciding the said first appeal, their presence is required, however, those applications have been rejected.

4.4 Thereafter pending aforesaid first appeals, amicable settlement had arrived at between the parties and accordingly, a request was made before the Division Bench of this Court for withdrawal of Special Civil Suit No.149/2005 unconditionally by giving up, waiving and abandoning all claims made in the suit and after considering the said request, the said First Appeals had been allowed by the Division Bench of this Hon’ble Court by an order dated 22.09.2022 with a specific direction to permit the legal heirs of the original plaintiff to withdraw the main proceedings and thereby the decree passed by the learned Civil Court has been quashed and set aside and the original plaintiffs were permitted to withdrawn the proceedings.

4.5 Being aggrieved by the said decision of the Division Bench of this Court, the third party had approached the Hon’ble Supreme Court by filing Special Leave Petition (Civil) Nos.6769-6770 of 2023 & Special Leave Petition (Civil) Nos.6774-6775 of 2023, however, the said SLP came to be dismissed of by the Hon’ble Supreme Court by an order dated 03.02.2026.

4.6 In short, the proceedings initiated