DAKSHABEN SHIVPRASAD RINGWALA Vs. SONI KAILASHBEN SHIVPRASAD RINGWALA

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order dated 9.02.199, passed by the City Civil court No.19, Ahmedabad, whereby the learned judge has declared that the present appellant has 1/8th share in the property bearing house No.1576 situated in Mandvi's Pole, Astodia Chakla, Ahmedabad and is entitled to recover her share of this property. It is also declared that the present appellant has 1/8th share in the movable properties of the business run by her father Shivprased Chmanlal as also she is entitled to recover 1/8th share from the assets of this business. It is also ordered that the matter be referred to the Commissioner for taking account for partitioning the property bearing house No.1576 situated in Mandvi's Pole, Astodia Chakla, Ahmedabad , by metes and bounds and to hand over the plaintiff her 1/8th share in this property and if the property is not capable of being partioned by metes and bounds in eight equal shares then the commissioner is empowered to sell this property with the right of the pre-emption to any of the co-sharers for purchasing the same and after selling the same to divide the amount realized in eight equal shares. The commissioner is also directed to take the accounts of the income and expenditure of the business run in the suit shop under the name of Art jwewllers, Mandvi's pole, Astodia, Ahmedabad, from the date of the suit and also directed to ascertain the value of the goods and other movables etc. lying in the suit shop and also to ascertain the goodwill of the suit shop as of this date. The Commissioner is also directed to present the account and his report to this court with all convenient dispatch after making all just allowances within four months of this order being received and that upon such report of the commissioner being received which shall be confirmed and countersigned subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make and the final decree will follow.

(2.) THE short facts of this case are that the present appellant-original plaintiff is the daughter of Shivprased Ringwal. It is the case of the plaintiff that her father had married with Vinodaben and the plaintiff was born on 11.3.1946, but on the same day the mother of the plaintiff had expired. After few months the father of the plaintiff had remarried with present respondent No.1-original defendant No.1. THE defendant No.2 to 5 are the step brothers and defendant Nos. 6 and 7 are the step sisters of the plaintiff. According to the plaintiff her father was running a Art Jwellery shop as also acquired several property by his own income and also from the income of his ancestral property. According to the plaintiff her father died on 30th March, 1986 but the defendants have not informed the plaintiff about her father's death. It is the case of the plaintiff that she is entitled to her share in the properties of her father but as the defendants have refused to partition the property, the plaintiff filed Civil Suit No. 2143 of 1986 before the City Civil Court, Ahmedabad. THE learned Judge after hearing learned advocates for both the parties and after recording the evidence decided the suit and passed the order as stated herein above against which the present appeal is filed by the present appellant.