JUDGMENT :

1. Being aggrieved and dissatisfied with the order dated 31.8.2020 passed below Exh-5 and Exh-39 in Special Civil Suit No. 342 of 2015 by learned 2nd Additional Senior Civil Judge, Surat whereby the application filed by the plaintiffs-appellants came to be dismissed, the original plaintiffs have preferred this Appeal from Order under Section 104 r/w Order 43 Rule 1(r) of CPC.

2. The brief facts of the suit of the plaintiffs is that the Suit property including lands, were originally belonging to Hasmukhgauri Babubhai Jekishandas and it was in her possession and she transferred it to Bhupendra Babubhai Zaveri, Kirit Babubhai Zaveri, Bhadresh Babubhai Zaveri, Jitendra Babubhai Zaveri, Pankaj Babubhai Zaveri, Vishnukumar Babubhai Zaveri and Hiren Mahendrabhai Zaveri by way of registered sale-deed dated 1018 dated 7.7.2006. It is alleged that the property was accepted by the beneficiaries for entire family and all the members have equal shares having one-seventh shares. It is contended that parties are Hindus and they have pre-emptive right to purchase the shares of other coparcenar if the other coparcenar wants to sell to third party. According to the plaintiffs, though they h