(1.) The present Second Appeal has been filed challenging the judgment and decree passed by the 4th Additional District Judge, Ahmedabad Rural in Civil Appeal No. 77 of 2017 confirming the judgment and decree passed in Regular Civil Suit No. 1418 of 2015 dtd. 6/9/2017.
(2.) For the sake of convenience, the parties are referred to as per their original status in the suit.
(3.) The brief facts arising in the present suit are that the suit property was owned by Ishwarbhai Patel who died intestate on 13/1/1993 and he was survived by his wife Kashiben and five sons viz. Kantibhai Iswarbhai Patel (defendant no.1), Becharbhai Iswarbhai Patel (defendant no.2), Jayendrabhai Ishwarbhai Patel (defendant no.3), Pragneshbhai Iswarbhai Patel (defendant no.4) and Bipinbhai Iswarbhai Patel (defendant no.5) so also three daughters viz. Anandiben Iswarbhai Patel, Vinaben Iswarbhai Patel and Nirmala Iswarbhai Patel and accordingly their names were incorporated in revenue record. Thereafter three daughters of Iswarbhai Patel relinquished their rights in the suit property and there is no dispute to the said fact.
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