ASHOKBHAI THAKORBHAI PARMAR Vs. BHAGUBHAI NARANBHAI PATEL

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiffs who filed Regular Civil Suit No.134 of 1990 for permanent injunction.

(2.) CASE of the plaintiffs is that the plaintiffs are sons of defendant No.6, named Thakorbhai Vallabhbhai Parmar, who died pending the proceedings before the lower Court. They are managing the joint Hindu family property situated at Mota Borsara, bearing Survey Nos.160, 233, 301 and 409. It is further case of the plaintiffs that the above-said lands came to the family of the plaintiffs from their ancestor Vallabhai Keshavbhai Parmar in partition in the year 1968 and revenue Entry No.589 to that effect was also made on

(3.) SO far as defendant No.6 is concerned, defendant No.6 filed written statement at Exh.42. He stated that the suit land was not of his absolute ownership but he was having share in the suit land and defendant Nos.1 to 5 have got sale deed executed on the basis of the power of attorney, and defendant defendant Nos.1 to 5, therefore, do not get any right or interest in the suit property.