BABBHAI BHOJBHAI GOVALIYA Vs. SHIVRAJBHAI BAHADURBHAI GOVALIYA

JUDGEMENT

(1.) This second appeal, filed by the original defendant No.3, arises from the judgment and decree dtd. 25/11/2022 passed by the learned Principal District Judge, Botad in Regular Civil Appeal No.25 of 2018, confirming the judgment and order dtd. 30/6/2016 passed by the learned Principal Civil Judge, Gaghada in Regular Civil Suit No.16 of 2010, allowing the same filed by the plaintiff.

(2.) The brief facts of the case are that the appellant - Shivrajbhai Bahadurbhai Govaliya has filed a suit for declaration under Sec. 34 of the Specific Relief Act to declare that the plaintiff is the adopted son of Ravatbhai Dadabhai Govaliya and thereby the declare that the plaintiff is entitled to get the property of said Ravatbhai. The learned trial Court has, after hearing the parties and after considering the evidence - documentary and oral, partly allowed the suit and held that the plaintiff - Shivrajbhai is an adopted son of Ravatbhai and therefore, the plaintiff is entitled to get the lands of said deceased Ravatbhai being his heir, as Ravatbhai has no child and has adopted the plaintiff. Being aggrieved, the defendant No.3, who is his biological brother and after adoption, he is a cousin brother, has challenged the said judgment of the learned trial Court before the learned appellate Court below. The learned appellate Court below has, after hearing the parties, dismissed the appeal. Hence, this second appeal before this Court at the hands of the original defendant No.3.

(3.) Heard learned advocate Mr.Harnish Darji for learned advocate Mr.Bhunesh Rupera for the appellant.