MONGIBEN PREMJI Vs. KHODABHAI PITAMBARBHAI

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree passed by the Civil Judge (S.D.), Morbi dated 22.7.1998 in Special Civil Suit No.4 of 1990, whereby the suit of the present appellants-original plaintiffs was dismissed by the learned trial Court.

(2.) THE brief facts leading to filing of the present appeal are that the present appellants- original plaintiffs filed the abovenamed suit for partition of the ancestral property in respect of Survey No.988 and 0-22 gunthas of Survey No.724(4) situated in the sim of Vajepur Madhapar of Morbi and also prayed that pending the suit the agricultural yield to be paid to the present appellants. The learned trial Court dismissed the suit against which the present appeal is filed.

(3.) LEARNED advocate Mr.Majmudar submits that respondent no.1 is also party to the settlement and he also confirms this settlement.