NITABEN DEVENDRASINH JADAV Vs. HARESHBHAI BIHARILAL EJNER

JUDGEMENT

(1.) This appeal has been filed by the appellant - original defendant No.1 against the respondent Nos. 1 and 2 - original plaintiffs and the respondent No. 3 - original defendant No. 2 being aggrieved and dissatisfied with the order passed by the learned Chamber Judge, City Civil Court, Court No. 29, Ahmedabad, below Notice of Motion Exh. 6/7 in Civil Suit No. 1172 of 2016 on 10/2/2019. The parties are hereinafter referred to as the plaintiffs and the defendants in their rank and character as they stood in the original suit for the sake of convenience, clarity and brevity.

(2.) The facts leading to filing this appeal are summarized are as under:

(3.) The defendants were duly served with the notice and the defendant No.1 appeared and filed the written statement at Exh. 27 denying all the allegations made in the application and has stated that she was looking after her deceased father and the plaintiffs or the defendant no. 2 did not come to look after him, even though, he was ill, on 30/11/2012, the deceased father, on his own free will, executed the registered Will in the presence of two independent witnesses and has affixed his signature in perfect state of mind.