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2012 Supreme(Guj) 503

C.L.SONI
AMRUTLAL BECHARJI – Appellant
Versus
RAMSINGJI ARAJANJI – Respondent


Advocates Appeared:
MR KB PUJARA for Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
NOTICE SERVED for Defendant(s) : 1, 1.2.1,1.2.2 - 2, 2.2.3, 4.2.1, 4.2.2,4.2.3 - 6, 6.2.4,6.2.5
None for Defendant(s) : 2, 4, 6,
Mr. KH Baxi for Defendant(s) : 2.2.2 - 3, 6.2.1,6.2.3 - for Defendant(s) : 0.0.0

JUDGMENT

1. This Second Appeal under section 100 of the Code of Civil Procedure, 1908 is at the instance of the plaintiffs, who had preferred Regular Civil Suit No. 3 of 1980 in the Court of the learned Civil Judge (Junior Division) Kalol (N.G.) praying for partition of the suit property, which was in possession of the defendants/co-mortgagors, who redeemed the mortgage of the property, and for passing necessary order for one half share in the property with possession.

2. The case of the plaintiffs in the suit is that the suit property was ancestral property and was mortgaged with one Shri Shah Kacharadas Sakalchand on 27.09.1902 by taking Rs.981.00 and thereafter, by accepting further amount of Rs.362.00, one more deed of mortgage was executed on 15.6.1934, that the plaintiffs have 1/2 share in the suit land and the defendants without informing the plaintiffs redeemed the mortgaged property, that when on 1.7.1978 the plaintiffs requested the defendants to also get their names entered into the revenue records, the defendants did not give any heed to the request of the plaintiff and, therefore, the plaintiffs had to make an application to the Talati of the village on 7.7.1978 and on

























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