M. U. SHAH, J. :- These two appeals arise out of the original Special Jurisdiction Civil Suit No. 52 of 1965 of the Court of the 2nd Joint Civil Judge (Senior Division) at Baroda, for administration of the estate of deceased Kazamali Mustafamiya who died intestate leaving extensive immovable properties and leaving behind him the plaintiff daughter and the parties to the suit as his heirs. First Appeal No. 283 of 1968 is filed by original defendants Nos. 1 and 5 of the said suit and is directed against the decision of the learned Joint Civil Judge (Senior Division) at Baroda, in Special Jurisdiction Civil Suit No. 52 of 1965 given on 31-8-1967, whereby the learned Civil Judge has passed a preliminary decree as in an administration suit and directed that accounts be taken and enquiries be made in relation to estate left by deceased Kazamali Mustafaali save the immovable properties comprised in Kazamali's gift-deeds Exs. 125 and 126. Second Appeal No. 242 of 1971 is directed against the decision of the learned 2nd Extra Assistant Judge, Baroda, given on 29-1-1971, in the appeal which was filed by original defendants Nos. 1 and 5 against the decision of the learned Civil Judge