JAMANBHAI MAGANBHAI MAVANI Vs. BHANUBEN MAGANBHAI MAVANI

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Principal Senior Civil Judge, Dhoraji in Special Civil Suit No.59 of 2011, whereby, the learned Judge has passed preliminary decree holding the share of the original plaintiffs to the extent of 1/5th and has further directed the appointment of Commissioner and the account to be submitted of the properties.

(2.) The short facts of the case appear to be that the respondent Nos.1 and 2 are the original plaintiffs [herein after referred to as the 'Sisters'] have filed the suit for partition of the coparcenary property of their father's family contending interalia that they are daughters of the deceased Maganbhai Mohanbhai Mavani and the defendants are the brothers, in possession of the family property and they are entitled to the share in the family property.

(3.) The appellant together with respondent No.3 defendants had resisted the suit contending interalia that the will was executed by the father during his lifetime in favour of the motheroriginal defendant no.1 and it was contended that the partition had taken place and further, after marriage of the original plaintiffs, they are not entitled to get any share in the property.