SURENDRASINH CHANDRASINH MATROJA Vs. SHARDABEN CHANDRASINH HARISINH MATROJA

JUDGEMENT

(1.) BY this application, the applicant seeks stay of the implementation, operation and execution of the judgment and decree dated 20th March, 2006 passed by learned Principal Civil Judge, Jhagadiya in Regular Civil Suit No.53 of 1996 as well as judgment and decree dated 13.4.2010 passed by 2nd Additional District Judge, Bharuch in Regular Civil Appeal No.221 of 2006 till the final decision of Second Appeal No.81 of 2011.

(2.) HEARD Mr.M.M.Saiyed learned advocate for the applicant and Mr.Y.S.Rajput learned advocate for the respondent.

(3.) AS noticed herein above, the respondent has succeeded both before the trial Court as well as the appellate Court. Both the Courts below have recorded concurrent findings of fact to the effect that respondent was the wife of the deceased and no divorce had taken place. However, the Courts below have also taken into consideration the fact that the applicants herein were the children of deceased and as such, were entitled to a share in the suit properties and have accordingly held that respondent-original plaintiff is entitled to only 1/4th share in the properties of the deceased.