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2011 Supreme(Guj) 238

J.C.UPADHYAYA
Mer Dhaniben Wd/o Decd. Mer Malde Vagha – Appellant
Versus
Mer Rupiben Viram – Respondent


Advocates:
Appearance :
Mr. A.J. Shastri, for the Appellants No. 1 - 3.
Mr. K.T. Dave, for Defendants No. 1 - 4.
Rule Served, for the Defendant No. 5.

Judgment

J.C. Upadhyaya, J.—Both these two appeals arise out of judgment and decree dated 24.10.2008 rendered by learned 2nd Addl. Sr. Civil Judge, Porbandar in Special Civil Suit No. 94 of 2002. First Appeal No. 1188 of 2009 is preferred by original defendants No. 1, 2 and 3 and First Appeal No. 2747 of 2009 is separately preferred by original defendant No. 4. In FA No. 1188 of 2009, the Respondents No. 1 to 4 are original four plaintiffs and the respondent No. 5 is original defendant No. 4. In First Appeal No. 2747 of 2009, the Respondents No. 1 to 3 are original defendants No. 1, 2 and 3 and Respondents No. 4 to 7 are original plaintiffs No. 1 to 4. Under such circumstances, parties to both these appeals shall be hereinafter referred to as per their original status in the suit, for the sake of convenience. The four plaintiffs, namely, Mer Rupiben Viram, Mer Rajubhai Viram, Mer Bhikhu Viram and Mer Ram Viram, happen to be the widow and sons respectively of deceased Viram Vagha. They prayed for declaration that the defendants No. 1, 2 and 3, namely, Mer Dhaniben Malde, Mer Liluben Malde and Mer Rambhiben Malde, who happen to be widow and daughter respectively of deceased Mer Malde

















































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