JAYANTIBHAI KESHABHAI PATEL Vs. CHANDUJI LAXMANJI THAKORE

JUDGEMENT

(1.) THE appellants defendants No. 4 to 9 have filed this Appeal From Order challenging the order passed by the learned 7th Additional Senior Civil Judge and J. M. F. C. , Ahmedabad (Rural) below an Application Ex. 5 in Special Civil Suit no. 364 of 2007 on 28. 2. 2008 whereby the learned Civil Judge has allowed the injunction application and ad-interim order passed by him on 26. 9. 2007 was extended till final disposal of the suit. This Court has issued notice for final disposal on 15. 9. 2008. Heard Mr. A. J. Patel, learned advocate appearing with Mr. Praful J. Bhatt, for the appellants and Mr. R. J. Goswami, learned advocate appearing for the respondents.

(2.) IT is the case of the appellant that land bearing Survey No. 835 admeasuring about 32476 Sq. Mtrs. , of Village : Sola, Taluka : Dascroi, Dist. Ahmedabad belonged to respondent Nos. 5 to 7. They are legal heirs and representative of late Shri Bothaji Visaji Thakore. The grand-father of respondent Nos. 5 to 7 i. e. father of Shri Bothaji Visaji Thakore, late Shri Visaji Gobarji Thakore was cultivating the land in question as a 'pagi'. It is so stated in the revenue record. It appears from the family tree that Shri Visaji Thakore was survived by two sons, namely, Shri Bothaji Thakore and Shri Kanaji Thakore. Shri Visaji Thakore died in 1932 whereas Shri Bothaji died in 1978 and Shri Kanaji Thakore died later. Shri Kanaji Thakore is survived by five heirs and legal representatives and Shri Bothaji Thakore is survived by two daughters, one son and a wife. Later on his wife also expired. The heirs and legal representatives of Shri Bothaji Thakore are Shri Sataji Thakore, Bhikhiben Thakore and Santokben, the respondent Nos. 5 to 7 and original defendant Nos. 1 to 3 in the suit.

(3.) IT is also the case of appellant that the land in question continued to be in the name of Shri Bothaji right from 1932 and after his death it continued in the name of respondent Nos. 5 to 7. An entry to that effect being Entry No. 101 effected on 6. 5. 1932 and duly certified clearly shows that the name of Shri Bothaji was entered into revenue record in 1932. On death of Shri Bothaji in the year 1978, entries were effected in revenue record in favour of respondent Nos. 5 to 7. The heirs of another son of Shri Visaji i. e. Heirs of Shri Kanaji have given a declaration that they received their part of contribution.