JATIN ISHWARBHAI PATEL Vs. HARISH ISHWARBHAI PATEL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned order dtd. 15/2/2022 passed below Exh-5 by the 6th Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad in Special Civil Suit No. 256 of 2021, the original defendants have preferred this Appeal from Order under Order 43 Rule 1 of CPC. The appellants are the original defendants and the respondent is the original plaintiff before the trial Court. For the brevity and convenience, the parties are referred to in this Appeal from Order as per the nomenclature assigned to them in the trial Court.

(2.) The plaintiff has filed the Suit for setting aside the Will dtd. 28/5/2018 executed by his father deceased Ishwarbhai Madhavlal Patel bearing Registration No. 5128 and registered with the Office of Sub-Registrar, Ahmedabad, Memnagar and for declaration that defendants each have 25% share in the assets of the deceased Ishwarbhai described in Schedule A and B annexed with the Plaint and for passing decree of partition of all the assets of the deceased Ishwarbhai Madhavlal Patel. The plaintiff has also sought for prayer directing the defendants to disclose the inventory and accounts of all the movable assets left behind by deceased Ishwarbhai Madhavlal Patel and for declaration that the defendants are not entitled to deal with, alienate, transfer, mortgage, part with possession or create any third party right, title or interest in the assets of deceased Ishwarbhai Madhavlal Patel as mentioned in Schedule - A and Schedule - B and also for permanent injunction against the defendants from dealing with the properties in question. Along with the Plaint, the plaintiff has also filed an application for interim injunction at Exh-5 restraining the defendants from dealing with or alienating or transferring in any manner the suit properties and also for directing to the defendants to disclose the inventory and accounts of all movables left behind by deceased Ishwarbhai Madhavlal Patel on his death and also for direction to the defendants to hand over and/ or to pay 25% share of all such assets to him.

(3.) The plaintiff has filed the Suit alleging that the properties were of the joint family property and he has right in the properties of his deceased father. By narrating the list of properties, the plaintiff has contended that all the properties were purchased by his father from the money he has withdrawn from the partnership firm. It is also contended that the land which was granted to his father due to his Air-Force service, after his death would be a joint property and, therefore, he has share in all these properties. It is contended that the alleged Will of his deceased father is concocted and fabricated one whereby he has been deprived his right as heir of the deceased father in all the properties. He has raised many contention regarding the suspicious condition regarding the alleged Will. The main thrust to his contention is that he has right in all the properties of his deceased father and, therefore, he should be given his share and till then the defendants may be restrained from dealing with the properties in any manner. Along with the Suit, he has filed application for interim injunction which came to be allowed by the trial Court.