SURTI J.:- This appeal is directed against the judgment and decree passed by the learned Civil Judge, (Senior Division), Navsari, in Special Civil Suit No. 23 of 1968. By the aforesaid decree, the learned Civil Judge, (Senior Division) Navsari, directed inter alia that the appellant-plaintiff's suit for a declaration pertaining to sales in favour of respondents Nos. 5 and 6 be dismissed. He, however, declared that the mortgage in favour of the respondent No. 7 is not binding to the appellant-plaintiff and respondent No. 2. The learned Civil Judge also held that the appellant-plaintiff had half share in the family properties except those properties alienated in favour of respondents Nos. 5 and 6. He also directed that suitable arrangements to be made for the maintenance and marriage expenses of respondent No. 3. He appointed the Commissioner to effect the partition and gave certain directions for taking accounts and for submitting his report. The operative portion of the judgment of the trial Court in this behalf is as follows :-

"1. The suit of plaintiff for a declaration to sales in favour of defendants Nos. 5 and 6 is dismissed.

2. The mortgage in favour of defendant No. 7