KARSHANBHAI KALUBHAI DETROJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the order and decree passed by the Court of Addl. Senior Civil Judge and JMFC, Athani, in O. S. No. 176/2012 whereby the suit filed by the plaintiffs is dismissed for want of cause of action and in view of pendency of O. S. No. 84/1997 on the file of the same Court.

(2.) For the sake of convenience, the parties are referred to as per their status before the trial court.

(3.) Plaintiffs preferred O. S. No. 176/2012 against the defendants seeking for the relief of partition and separate possession. The subject matter of the suit is the lands bearing R. S. No. 1536/1 measuring 10 acres 17 guntas and R. S. No. 1536/2 measuring 10 acres 17 guntas situated at Athani, morefully described in the schedule to the suit property hereinafter referred to as the suit property. The plaint averments are that the plaintiffs and defendants are the joint family members and there was no partition by meets and bounds in respect of the suit schedule property between the parties. The genealogy shown in paragraph No. 1 of the plaint describes the family tree of the parties to the suit. The case of the plaintiffs is that the suit property is the joint family property and the cause of action arose on 09. 07. 2012 when the plaintiffs and the elders approached the defendants with all the relevant records and documents demanding partition of the suit schedule properties of plaintiffs' half share which came to be refused by the defendants.