JUDGMENT :

J.B.PARDIWALA, J.

This appeal is at the instance of unsuccessful defendants in a Suit proceedings for partition and is directed against the judgment and decree dated 8th May, 1998, passed by the 6th Joint Civil Judge (Senior Division), Baroda, in Special Civil Suit No. 288 of 1996, by which the Suit filed by the original plaintiffs was allowed, and it was held that the plaintiffs Nos. 1 to 8 and the defendants Nos. 1 and 2 each had 1/10th share with respect to the suit properties as mentioned in the plaint. The learned trial Judge also held that the deed of relinquishment dated 17th September, 1982, Exh.191, executed by the plaintiff No.2 and the defendant Nos. 8 and 9, in favour of the defendant No.1, with respect to one of the suit properties, was void ab-initio, and accordingly, declared the same liable to be cancelled.

2. The appellants herein are the original defendants Nos. 1, 3, 4, 5 and 6, the respondents Nos. 1 to 8 are the original plaintiffs and the respondents Nos. 9 to 12 are also the original defendants.

The case set up by the original plaintiffs in their