SUMITRA ASHOKBHAI PATEL Vs. RAMESHBHAI FAKIRBHAI PATEL

JUDGEMENT

(1.) The present second appeal is preferred by the appellants herein challenging the judgment and order dtd. 7/10/2015 passed by the learned 8th Additional District Judge, Vadodara in Regular Civil Appeal No. 25 of 2012 as well as the judgment and decree dtd. 7/12/2011 passed by the learned 3 rd Additional Senior Civil Judge, Vadodara in Regular Civil Suit No.373 of 2005. The appellants herein are the legal heirs of appellant no.1 - Sumitra Ashokbhai Patel.

(2.) Brief facts of the present case are that the original plaintiff - Sumitraben was the daughter of deceased Fakirbhai Somabhai Patel and respondent no.1 is the son of the deceased Fakirbhai Patel and respondents no.2, 3 and 4 are the heirs of Fakirbhai's son deceased Ravjibhai Fakirbhai Patel. The agriculture lands (suit properties) bearing block no.206 and block no.1065 are the joint properties of deceased Sumitraben and the respondents. The deceased Sumitraben has 1/3rd share in the suit lands and on the basis of the cause of action, the original plaintiff filed the abovementioned suit for declaration and permanent injunction restraining the respondents from transferring the suit properties, which came to be allowed by the Trial Court. The Trial Court observed that the original plaintiff has 1/7 th share in the suit properties.

(3.) Feeling aggrieved and dissatisfied with the impugned aforesaid judgment and order, the appellants have preferred the present appeal.