RAMESHBHAI NARANBHAI PATEL Vs. RANJANBEN

JUDGEMENT

(1.) This Civil Revision Application is filed under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'Code' for short) in which the applicants-original defendant Nos. 1 to 13 have challenged the order dtd. 2/4/2013 passed by the 14th Additional Senior Civil Judge, Vadodara below Exh. 13 in Regular Civil Suit No. 482 of 2011.

(2.) Heard learned advocate Mr. Rashesh Rindani for the applicants and learned advocate Mr. M.D. Chauhan for respondent No. 1-original plaintiff.

(3.) It is submitted by learned advocate for the applicants that respondent No. 1-original plaintiff has filed Regular Civil Suit No. 482 of 211 before the Principal Senior Civil Judge, Vadodara contending that the suit properties are the ancestral properties of deceased Naranbhai Ramdas Patel and therefore as a daughter of the deceased, plaintiff is having her share in the suit property and consequently partition decree is also prayed. It is submitted that the predecessor of the parties i.e. Naranbhai Ramdas Patel expired on 30/10/1987 and after his death, entry No. 2576 came to be mutated in the revenue record effecting the names of the heirs of the deceased including the plaintiff and defendants. Thereafter, the daughters of the deceased Naranbhai Ramdas Patel have relinquished their share in view of the family arrangement and therefore entry No. 2577 came to be mutated with regard to the same. It is submitted that the respondent No. 1-original plaintiff challenged the said entry by filing Revenue proceedings before the Deputy Collector i.e. R.T.S. Appeal Nos. 54 of 1990 and 60 of 1990. It is submitted that the Deputy Collector disposed of the said appeals by observing that the respondent No. 1 can approach the Civil Court since the dispute involved in the said appeals are of civil nature. Thereafter, the respondent No. 1-original plaintiff has filed the suit in the year 2011.