JYOTSNABEN Vs. HARSHADBHAI MANABHAI PATEL

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India, is filed by the petitioner for the following substantive reliefs:

(2.) Brief facts giving rise to the present petition as could be gathered from the memo of the petition are that Jyotsnaben widow of Ramanbhai Ravjibhai Patel instituted Regular Civil Suit No.330 of 2011 in the Court of learned Senior Civil Judge, Nadiad for partition of property and to claim her share against the respondents in the undivided ancestral property. He submits that during the pendency of the suit Jyotsnaben passed away after after deposition is recorded bequeathing all her properties under a Will to the present petitioner as she had no child of her own. The petitioner submitted Exhibit 135 application for being impleaded as legal heir of the deceased plaintiff to prosecute the suit. The learned Judge has rejected this application. Hence, the present petition.

(3.) I have heard Mr.Hiren Modi, learned advocate for the petitioner and Ms.Ketki Jha, learned advocate for the respondents.