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1997 Supreme(Guj) 329

M.S.PARIKH
BAROT DANSANG HIRJI – Appellant
Versus
BAROT KANJI HIRJI – Respondent


Advocates Appeared: J.R.Nanavati, P.V.Hathi

M. S. PARIKH, J.

( 1 ) IN a suit for partition bearing Civil Suit No. 23 of 1964 the learned Civil Judge (Senior Division), Junagadh by his judgment and order dated 28-2-1966 passed preliminary decree in terms of following order :-"it is hereby declared, ordered and decreed that the below mentioned properties are liable to be partitioned between the parties and the plaintiffs get 11/20 share in those properties and the rest go to the defendants : (1) Three houses mentioned and described at item Nos. 1, 2 and 3 of the list attached with the plaint; (2) One piece of agricultural land admeasuring 1 and 1/2 Bighas and described at item No. 4 of the aforesaid list; (3) The surplus amount, if any, from Rs. 3,000. 00 the sale proceeds of the agricultural land sold by the defendant No. 1 and mentioned at item No. 5 of the list, after taking accounts of the same from him; (4) The movable properties stated and described in the inventory, Ex. 129 and the household kit and domestic articles in custody and possession of the plaintiff; (5) The Yajmans as referred to in the Yajmanvriti books of the family of the parties; (6) The surplus amount, if any, from the sale proceeds Rs. 2,200. 00 of cattl










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