TRIVEDI KALIDAS UMIYASHANKAR Vs. THAKOR FAKIRJI MAFAJI

JUDGEMENT

(1.) Heard learned advocate Mr. Zalak B. Pipalia for the appellants and learned Senior Advocate Mr. Kamal B. Trivedi assisted by learned advocate Mr. Vinay D. Bairagar for respondent nos. 1, 1.2, 1.3, 1.4, 1.5, 1.5.1, 1.5.2, 1.6 and 1.7.

(2.) By this appeal, the appellants have challenged the legality and validity of Judgment and Order dtd. 13/12/2022 passed below Exh.34 in Regular Civil Appeal No. 87 of 2019 passed by learned Additional District Judge, Gandhinagar at Kalol raising the following substantial questions of law:

(3.) Brief facts of the case are that land bearing Survey No.809 admeasuring 40193 sq. mtrs at Village Ranchada, Taluka Kalol, District Gandhinagar was under the joint ownership of seven persons out of which the unsold portion of 11852.8 sq. mtrs (hereinafter referred to as "the suit property") was owned by the appellants - original plaintiff nos. 1 to 3 (hereinafter referred to as the plaintiffs), respondent no.2-original defendant no. 2 (hereinafter referred to as defendant no.2) and respondent no.3-original defendant no.3 (hereinafter referred to as defendant no.3). So far as respondent no.3 original defendant no.3 is concerned, he had no share in the disputed property but he was joined as party for technical reasons but no relief was claimed in the plaint.