HEMIBEN LIMBABHAI PIPARIYA Vs. RASILABEN LIMBABHAI PIPARIYA

JUDGEMENT

(1.) The present Second Appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ' CPC '), against the judgment and decree dtd. 5/11/2022 passed by 12th Additional District Judge, Rajkot in Regular Civil Appeal no.51 of 2023 thereby, dismissed aforesaid appeal and whereby, confirmed the judgement and decree dtd. 8/4/2013 passed by Principal Civil Judge, Paddhari in Regular Civil Suit No. 144/2010 (Old No. 481/2007). So, present second appeal filed against concurrent finding recorded by courts below against appellants.

(2.) As and when necessary, the parties will be referred to as per their original position before the Appellate Court. Short Facts of Appeal

(3.) The appellants instituted Regular Civil Suit No.144 of 2010 (Old Regular Civil Suit no.481 of 2007) before Civil Judge, Paddhari against respondents. The appellants-plaintiffs are wife and sons of original defendant no.1 -Limbhai Juthabhai Pipariya respectively, who died during the pendency of the suit, whereby, his legal heirs are brought on record and joined as the respondent Nos.1 to 4 herein, whereas defendant no.5 herein is original defendant no.2, who is nephew - family relative of defendant no.1 - late Limbhai Juthabhai Pipariya and purchased suit lands from original defendant No.1.