JYOTIBEN JAVAHARBHAI DESAI Vs. VILASBHAI BABUBHAI DESAI

JUDGEMENT

(1.) The captioned First Appeal is directed against judgment and order dtd. 6/3/2021 of learned Additional Senior Civil Judge, Vapi whereby the said court dismissed the Special Civil Suit No.269 of 2015 (Old No.53 of 2013).

(2.) The suit was for relief of declaration, permanent injunction and partition. It was prayed to declare that the two plaintiffs had 50% share in the properties and further to pass the decree of partition. It was next prayed for declaration that since the plaintiffs had the share in the properties, the father of the plaintiffs did not have any right to execute any will or gift deeds in respect of the properties.

(3.) The Special Civil Suit was filed by two plaintiffs. Plaintiff No.1 was Tarunaben Miteshbhai Desai whereas plaintiff No.2 was Jyotiben Javaharbhai Desai- the appellant herein.