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2022 Supreme(Guj) 629

A.P.THAKER
Jatin Ishwarbhai Patel – Appellant
Versus
Harish Ishwarbhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mehul S. Shah, Sr. Advocate With Mr Henil M Shah
For the Respondent: Mr. Unmesh Shukla, Mr Dhaval Shah

JUDGMENT :

1. Being aggrieved and dissatisfied with the impugned order dated 15.2.2022 passed below Exh-5 by the 6th Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad in Special Civil Suit No. 256 of 2021, the original defendants have preferred this Appeal from Order under Order 43 Rule 1 of CPC. The appellants are the original defendants and the respondent is the original plaintiff before the trial Court. For the brevity and convenience, the parties are referred to in this Appeal from Order as per the nomenclature assigned to them in the trial Court.

2. The plaintiff has filed the Suit for setting aside the Will dated 28.5.2018 executed by his father deceased Ishwarbhai Madhavlal Patel bearing Registration No. 5128 and registered with the Office of Sub-Registrar, Ahmedabad, Memnagar and for declaration that defendants each have 25% share in the assets of the deceased Ishwarbhai described in Schedule A and B annexed with the Plaint and for passing decree of partition of all the assets of the deceased Ishwarbhai Madhavlal Patel. The plaintiff has also sought for prayer directing the defendants to disclose the inventory and accounts of all the movable assets left be

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