( 1 ) THIS Appeal under Section 100 CPC has been preferred by the defendant no. 3 in Special Civil Suit No. 57/2004 against the judgment and order dated 10th April, 2007 passed by the learned Additional District Judge and Fast Track Judge, Junagadh in Regular Civil Appeal No. 107/2006.

( 2 ) THE Appeal has been admitted on the following substantial questions of law :

" (1) Whether the lower appellate Court has materially erred in law in not considering the contentions raised before it on merits and in dealing with the appeal perfunctorily and in dismissing the same without assigning any reason except that "the learned trial Judge has not committed any error in passing the judgment and decree. " (2) Whether the lower appellate Court has materially erred in law in not determining the extent of share of each of the parties to the suit in the suit property and in simply holding that each branch of the sharers shall have one-half share in the suit property. "

( 3 ) WITH the consent of the learned advocates, the Appeal is heard and disposed of today.

( 4 ) THE respondents nos. 1 to 6, the plaintiffs, instituted Special Civil Suit No. 57/2004 in the Court of learned Civil Judge (S. D.), Ju

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