SHIVABHAI RAJABHAI Vs. NAGJIBHAI RAJABHAI & ORS

JUDGEMENT

(1.) THIS Second Appeal is at admission stage.

(2.) CHALLENGE in this Second Appeal is made, by one of the defendant brothers, to the concurrent findings of both the Courts below, to the effect that the suit property (the agricultural land) is ancestral property, and is thus, of joint ownership and possession of plaintiff and defendant brothers. The judgment and decree of the Trial Court in question is recorded by the 4th Joint Civil Judge (Senior Division) Rajkot, in Regular Civil Suit No.509 of 1982 dated 30.03.2002. The concurring judgment and order by the Appellate Court below is recorded by the Assistant Judge, Rajkot in Regular Civil Appeal No.25 of 2002 dated 24.11.2003. It is this judgment and order, which is appealed against, in this Second Appeal, which was filed in the year 2004, but on which, the Notice is issued by this Court only on 17.07.2013. After filing of the Appeal in the year 2004, it remained in office objections, dismissal thereof on the ground of non -removal of office objections, dismissal of application for restoration for none remaining present etc., are the contributing factors to the chequered history for the matter remaining without issuance of Notice, which, on merits, does not change the complexion of the matter and therefore, those aspects are not gone into.

(3.) 1 The relevant facts, in brief, are as under.