ISMAIL BHAI Vs. SHABBIR BHAI & ORS.

JUDGEMENT

(1.) By making this application the defendant No. 1 in the CS No. 996 of 1989 (Esmail Bhai Vs. Shabbir Bhai & Ors.) wanted to file a written statement for condoning the delay in making the application thereto. It appears to this Court that there are three suits (specially assigned) pending before this Court as follows:-

(2.) Previously, this Court was pleased to direct to hear out the said three suits in an analogous hearing because of the reason that there is a common cause of action in respect of all the suits pending before this Court. Such cause of action is whether there is any valid existence of Will/oral Hiba/Aq in respect of the properties of one Sherin Bhai Ahmedabad walla (since deceased).

(3.) As it is reflected in the number of the suits that earlier two suits were filed in the year 1986 when the last suit was filed in the year 1989. The present applicant is the defendant No. 1 in this suit being the eldest son of the propounder. The moot point in the suit of 1986 is that there is valid existence of the execution of Will/Hiba/Aq when in the suit of 1989 a challenge has been thrown in respect of execution of the said document. Therefore, the result is obvious either the document will be existable or the document will not be existable. If the document is existable, then it will be testamentary dispossession of the properties and if it is not, in that case properties will be passed upon the heirs and/or legal representatives as per the respective shares.