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2013 Supreme(Guj) 134

C.L.SONI
ISMAIL ABDUL RAHIM DECEASED THROUGH HIS HEIRS – Appellant
Versus
RUKAIYABIBI WD/O. GULAM MOHMAD ABDUL RAHIM DECD. THRO’ HEIRS – Respondent


Advocates Appeared:
Second Appeal No. 79 of 1989
MRS KETTY A. MEHTA for the Appellants
DELETED FOR THE Respondent Nos. 3.5-3.6, 5
MR B.A. SURTI for Respondent No.8
MS VASUBEN P. SHAH for Respondent Nos.1-2
NOTICE SERVED for Respondent No. 4
CA Nos. 1003 & 1012/2013 and M.C.A. (Stamp) No. 161 of 2013 :
MR B.A. SURTI, for the Applicant

JUDGMENT :

C.L. SONI, J.

1. This appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiff who filed Regular Civil Suit No.175 of 1976 for administration of the properties of deceased Gulam Mohmad Abdul Rahim.

2. Pending this appeal, plaintiff has passed away and his heirs have been brought on record. Similarly, most of the defendants have also passed away and their heirs have been brought on record.

3. Case of the plaintiff is that Gulam Mohmad Abdul Rahim died on 9.10.1972 leaving the properties described in Schedule-A and B, which were his self acquired properties. He was since Sunni Muslim, the plaintiff and the defendants are his heirs as per Muslim Shariat (Mohammedan Law). Defendant No.1 is the widow of deceased Gulam Mohmad Abdul Rahim and defendant No.2 was his mother who died on 29.11.1972 and rest of the defendants are his sisters. It appears that the plaint was subsequently amended and the plaintiff has averred that in the land bearing Survey Nos.447 and 530, the plaintiff has share therein and in the share of Mohmad Hussain Abdul Rahim, the plaintiff has right and interest involved. It is further case of the plaintiff that in th















































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