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2022 Supreme(Guj) 1009

HEMANT M. PRACHCHHAK
Legal Heirs Of Patel Parsottambhai Ambalal – Appellant
Versus
Legal Heirs Of Late Patel Visabhai Ambalal – Respondent


Advocates Appeared:
For the Appellant : Mr. Maulik J. Shelat.
For the Respondents: J.K. Gandhi, Mr. Darshit H. Shah.

ORDER :

1. Being aggrieved and dissatisfied by the impugned judgment and order dated 08.08.2016 passed by the learned 3rd Additional District Judge, Kalol, Gandhinagar in Regular Civil Appeal No.26 of 2016, the appellants have preferred the present second appeal.

2. Short facts of the present case are that the appellants’ father had filed Special Civil Suit No.273 of 2000 before the Court of learned Senior Civil Judge, Mehsana, camp at Kalol for partition of the ancestral property i.e. lands bearing revenue survey nos.339, 393, 394, 395 and 397, block no.410 and 515 falling within the revenue limits of Village: Vadsar, Taluka: Kalol. The said suit came to be dismissed by the Trial Court on 15.01.2004. Against the said judgment and decree, the original plaintiff preferred Regular Civil Appeal No.26 of 2016, which came to be dismissed by the First Appellate Court on 08.08.2016. Feeling aggrieved by the said judgment and order, the appellants have preferred the present appeal.

3. Heard learned counsel appearing for the respective parties.

4. Learned counsel appearing for the appellants has submitted that the First Appellate Court has not properly determined the substantial questions o

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