Harsha Devani, J.— This appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”), the appellant has challenged the order dated 16.7.2011 passed by the learned Fourth Additional District Judge, Gondal below Exhibit-11 in Regular Civil Appeal No. 68 of 2011 whereby the application has been allowed and the appeal preferred by the appellant herein has been dismissed.

2. The respondents herein (original plaintiffs) instituted a suit in the Court of the learned Second Additional Senior Civil Judge, Gondal being Special Civil Suit No. 81 of 1999 contending that the land admeasuring Acres 2 – 02 Gunthas of survey No. 19 of Village Jamvadi, which is running in the name of the defendant, is ancestral land and that the plaintiffs have a right therein by birth. It was further the case of the plaintiffs that the plaintiffs and the defendants are coparceners of the suit property and that despite the fact that the plaintiffs had four shares in the property, since the names of the defendants are running in the revenue record and possession is also with them, they are in the process of transferring the same in favour of others. It is in the afores