ALARAKHA ALI Vs. SINDHI IBRAHIM KASAM

JUDGEMENT

(1.) This is an appeal by the original defendants Nos. 1 to 1(4) and the defendant No. 3 of the regular civil suit no. 87 of 1973 filed by the respondent No. 1 Ibrahim Kasambhai for partition of the properties of one Keshar Ahmed the common predecessor of the parties. The learned trial Judge passed the following order:

(2.) Being aggrieved by the aforesaid preliminary decree these appellants had preferred the civil appeal No. 51 of 1977 in the District Court Junagadh. The learned appellate Judge allowed that appeal only nationally and/or nominally. The order reads as follows :

(3.) Mr. Vyas the learned advocate appearing for the appellants before me has canvassed the following points of law: