DEVJIBHAI BHULABHAI Vs. BHIKHABHAI MAGANBHAI

JUDGEMENT

(1.) THE present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant-original plaintiff to quash and set aside the impugned judgment and decree passed by the learned 4th Joint Civil Judge (Senior Division), Surat dated 14/12/1994 in Regular Civil Suit No. 1200/1990 as well as the impugned judgment and order passed by the learned Principal District Judge, Surat dated 22/12/2011 in Regular Civil Appeal No. 48/1996 by which the learned trial Court has dismissed the suit preferred by the appellant-original plaintiff, which has been confirmed by the learned appellate Court.

(2.) THE appellant-original plaintiff instituted Regular Civil Suit No. 1200/1990 against the respondents-original defendants for partition of the suit land/properties bearing Survey Nos. 19, 57/1 and 73 and two immovable property bearing Survey Nos. 134 and 134/1 alleging interalia that the aforesaid suit land/properties were ancestral properties belonging to his grandfather Makanbhai Bhamabhai and he has right, title or interest in the aforesaid properties and, therefore, he prayed for the partition. It appears that during pendency of the suit, the appellant-original plaintiff came to know that the land bearing Survey No. 19 is already sold in favour of original defendants nos. 4 to 6 and, therefore, they were subsequently joined as party defendants. It appears that original defendant no. 1 did not file the written statement, however, original defendant no. 2 appeared. THE learned trial Court framed the following issues at Exh. 29;

(3.) IN view of the above and for the reasons stated hereinabove and considering the reasoning given by both the Courts below, it cannot be said that the learned trial Court has committed any error and/or illegality in dismissing the suit, which is confirmed by the learned appellate Court, which calls for the interference of this Court under Section 100 of the Code of Civil Procedure.