JUDGMENT

A.M. Khanwilkar, J.

This appeal, by special leave, takes exception to the judgment and order dated 13th January, 2017 of the High Court of Gujarat at Ahmedabad in Civil Revision Application No.76 of 2016.

2. The appellants filed a suit for declaration and permanent injunction on 18th October, 2013, against the respondents before the Principal Senior Civil Court, Anand, being Regular Civil Suit No.166 of 2015 (Old No. Special Civil Suit No.193 of 2013). The frame of the subject suit is on the assertion that the appellants and original defendant Nos.1 & 2 were in joint ownership and possession of an ancestral property inherited by them from their predecessor (father), deceased Bawamiya Kamaluddin Saiyed, bearing Survey No.113/1+2, area H.1-37-59 Ara, Akar Rs. 15-81 paise. That land is old tenure agricultural land situated at Mouje Village, Hadgud Taluka and District Anand. The said ancestral, joint, undivided land was jointly possessed and used and enjoyed by the appellants (plaintiffs) and original defendant Nos.1 & 2 (predecessors of respondent Nos.2 to 15), after the demise of their father Bawamiya Kamaluddin Saiyed, being in his straight line of heirs. The names of Jahangir