HIRUBEN PPARBATBHAI SATASIYA Vs. BHAGWANJIBHAI POPATBHAI RANPARIA

JUDGEMENT

(1.) The appeal under sec. 96 of the Code of Civil Procedure, 1908 (for short 'CPC ') at the behest of original plaintiff questions the legality and propriety of the judgment and decree dtd. 12/4/2006, passed by the learned Principal Senior Civil Judge, Dhoraji in Civil Suit No.353 of 2001, by which learned Principal Senior Civil Judge, Dhoraji dismissed the suit of the plaintiff.

(2.) For convenience, parties are referred to their original status before the learned Trial Court.

(3.) The Plaintiff claims to be the adopted daughter of the deceased, Bhovanbhai Narsibhai, and claims ownership over his immovable properties. Accordingly, she seeks a mandatory injunction directing the Defendants to hand over vacant and peaceful possession of the suit properties, alongside a permanent injunction restraining them from creating any thirdparty rights or alienating the same. Additionally, the Plaintiff has prayed for the grant of mesne profit. The particulars in regards to the suit properties is made in para 14(A) of the plaint as under. It reads as under (it is in Gujarati, for better understanding, it is translated in English):- Agriculture Land : Survey No. Acre-Guntha 16 6-03 20/1 Paiki 10-02 12 Paiki 4-32 75 2-07 76 6-08 96/2 Paiki 2-27 135/2 2-29 191 1-16