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2019 Supreme(Guj) 909

A.P.THAKER
Manjulaben D/o Jagjivanbhai Lallubhai and Wd/o Kanaiyalal Morardas – Appellant
Versus
Dakshaben D/o Mansukhbhai Jagjivanbhai and W/o Mukesh Patel – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prabhav A. Mehta.
For the Respondents: Mr. Nirav C. Sanghavi.

JUDGMENT :

1. The petitioner has preferred this petition being aggrieved and dissatisfied with the Order dated 12.8.2016 passed by learned 17th Additional Senior Civil Judge, Surat below Exh-17 in Regular Civil Suit No.1365 of 2015 whereby the application of the petitioner for joining her as a party defendant in the Suit has been rejected by the trial Court.

2. The brief facts of the matter is that the plaintiff Dakshaben has filed the aforesaid suit against 5 defendants for declaration as to her right in the suit property and for getting her share in the suit property and for injunction against the 5 defendants, which includes her father. During pendency of the suit, the applicant herein has filed application for joining herself as a party respondent on the various grounds, at Exh-17. It is contended by the petitioner herein that she has sought for the share in the property of Jagjivanbhai Lallubhai, who has died on 3.7.1972 in the intestate condition. According to the petitioner, she is daughter of Jagjivanbhai Lallubhai and Jagjivanbhai had 2 wives out of which first wife Dhanuben is mother of the petitioner. According to her version, the plaintiff Dakshaben is the daughter of Man

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