SHAMALBHAI RAMCHANDBHAI DHOS Vs. VIRABHAI JETHABHAI BHUT

JUDGEMENT

(1.) The appellant has filed this First Appeal Under Section 96 of the Civil Procedure Code with Civil Application seeking stay of order dated 24.12.2008 passed by the learned Fourth Additional Senior Civil Judge and Judicial Magistrate First Class, Palanpur, passed in Special Civil Suit No. 49 of 1992 during the pendency of the appeal.

(2.) The brief facts of the appellant case are that the respondent Nos. 1 to 4 are the original plaintiffs ( respondent No. 1 is son of deceased Gangaben Jethabhai daughter of Sakda Raichand who expired in the year 1953 and respondent Nos. 2 to 4 are the heirs of Ganiben Maganbhai daughter of Sakda Raichand who expired in the year 1983) who instituted suit against Gangaben widow of Ramchand Sakda Dhos (original defendant No. 1) and the appellant - original defendant No. 2 ( adoptive son of defendant No. 1) as well as against respondent Nos. 6 to 16 - original defendant Nos. 3 to 13 (defendant Nos. 6 to 11 are the heirs of deceased Gangaben Jethabhai who expired in the year 1953 and respondent Nos. 12 and 13 are the heirs of deceased Ganiben Maganbhai who expired in the year 1983 and respondent Nos. 14 to 16 are the heirs of deceased Samiben (expired in the year 1987 and is daughter of deceased Lakshmiben Sakda who expired in the year 1990). The suit is instituted for partition in respect of land bearing Survey Nos. 920/1, 920/2, 923 and House Nos. 720 and 721 as well as Plot Nos. 1, 23, 42 to 45, 61 to 64, 66 to 73, 76 to 87 and 90 to 92 of Survey No. 618/1 situated at Village : Lakshmipura more particularly described in para1 of the plaint.

(3.) The deceased Sakda Raichand Dhos had expired on 22.10.1969 leaving behind one son and three daughters viz. Ramchand Sakda, Gangaben Sakda, Ganiben Sakda and Lakshmiben Sakda. Ramchand Sakda expired on 1.3.1989. The deceased Gangaben Jethabhai daughter of Sakda Raichand expired in the year 1953 and Ganiben Maganbhai daughter of Sakda Raichand expired in the year 1983 and Lakshmiben Sakda expired in the year 1990 and her daughter Samiben expired in the year 1987.