BABUBHAI USHMANBHAI MANDLI Vs. MEHBUBBHAI RASULBHAI MANDALI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiff and is directed against the judgment and order dated 17th May 2017 passed by the 2nd Additional District Judge, Dhrangadhra, in the Regular Civil Appeal No.37 of 2010 arising from the judgment and decree passed by the Senior Civil Judge, Dhrangadhra, dated 21st August 2010 in the Regular Civil Suit No.7 of 1998 filed by the appellant herein - original plaintiff no.1 for declaration, partition and cancellation of the registered giftdeed and a Will.

(2.) For the sake of convenience, the appellant herein shall be referred to as the original plaintiff and the respondents herein shall be referred to as the original defendants.

(3.) The case put up by the plaintiff is that three residential houses bearing City Survey Nos.2095, 2140 and 2141 respectively are of the ownership of his father. The father of the plaintiff had three wives in his lifetime. The plaintiff was born in the second wedlock. The father of the plaintiff was serving with the Gujarat State Road Transport Corporation and was residing at Viramgam.