SHAMBHUBHAI PRAHLADBHAI THAKOR Vs. LAXMIBEN

JUDGEMENT

(1.) Both the above-numbered Appeal from Orders arise from the common order dated 28.2.2020 passed below Exh.5 and 41 in Special Civil Suit No.564 of 2017 by the Court of learned Principal Senior Civil Judge, Sanand. Since both the Appeal from Orders are arising out of the common order dated 28.2.2020, they are being heard together and are being decided by this common CAV Judgment.

(2.) So far as Appeal from Order No.94 of 2020 is concerned, the appellant Nos.1 to 3 therein are the original defendant Nos.1 to 3 whereas the respondent Nos.1 and 2 are the original plaintiffs and defendant Nos.4 and 4.1 of the Special Civil Suit No.163 of 2015 pending in the Court of Principal Civil Judge, Sanand and so far as Appeal from Order No.77 of 2020 is concerned, the appellant No.1 therein is the original plaintiff, whereas the respondent Nos.1 to 4.2 are the original defendants. The said Special Civil Suit No.163 of 2015 was filed by the plaintiff before the Court of learned Principal Senior Civil Judge, Ahmedabad (Rural) at Mirzapur, which upon formation of the Court of Senior Civil Judge at Sanand, transferred and re-numbered as Special Civil Suit No.546 of 2017 and is at present pending in the Court of learned Principal Senior Civil Judge, Sanand.

(3.) So far as facts, leading to filing of Appeal from Order No.94 of 2020 is concerned, the appellants of the said appeal have stated in their own words that the original plaintiff - respondent No.1 herein has preferred Special Civil Suit No.163 of 2015 (new number being Special Civil Suit No.546 of 2017) seeking relief of partition, declaration and perpetual injunction before the Court of learned Principal Senior Civil Judge, Sanand against the appellant herein - original respondent No.2.