RAJUL MANOJ SHAH Vs. KIRANBHAI SHAKRABHAI PATEL

JUDGEMENT

(1.) Leave granted.

(2.) Present appeal is against the judgment and order of the High Court of Gujarat[In Special Civil Application No. 12701 of 2021 dtd. 16/1/2023.] against the order passed by the City Civil Court, Ahmedabad dismissing the interlocutory application[Exhibit-107/108 dtd. 5/8/2021 in O.S. No.167 of 2012.] filed by respondent no.1/defendant no.2 for amending the written statement and for filing a counter claim in a suit for declaration and injunction filed by the appellant.

(3.) Facts: Short facts leading to the filing of the appeal are that the appellant, in 2012, instituted an original suit alleging that the property in question, a bungalow in a cooperative housing society situated near Stadium Char Rasta in Ahmedabad, belongs to her father and upon his demise, the said property came to be owned by her and by her brother jointly. However, upon the demise of her brother, the property was jointly owned by the appellant and her sister-in-law/defendant no. 1. In January, 2012, when the appellant came to know that her sister-in-law has agreed to sell a portion of the undivided share of the joint family property in favour of respondent no.1 /defendant No.2, the appellant filed the suit for a declaration that her sister-in-law, defendant no.1 has no right to transfer or deal with the property without her consent and to declare the agreement to sell dtd. 21/10/2011 in favour of defendant no.2, as null and void.