JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. The present First Appeal impugns the judgment and order dated 10.12.2018 passed by the Additional Civil Judge, Bhuj-Kachchh in Civil Misc. Application No. 56 of 2016.

2. The brief facts leading to the present First Appeal are as under:

2.1 The appellant herein is the brother of deceased- Shri Sukdevbhai Panchabhai Makwana, who expired on 06.03.2016 at village-Kavitha, Taluka-Bawla, District-Ahmedabad after getting retired from service on 18.11.2014. The wife of the deceased-Sukdevbhai Panchabhai Makwana, namely Smt. Lakshmiben Sukdevbhai Makwana had pre-deceased the said Sukdevbhai Panchabhai Makwana on 29.10.2013. Both the deceased had died issueless. The appellant herein was residing with his deceased-brother for most of the time after the death of Smt. Lakshmiben Sukdevbhai Makwana. The deceased-Sukdevbhai Panchabhai Makwana was working in the Gujarat Agricultural Department till his retirement on medical grounds on 18.11.2014.

2.2 It is the case of the appellant that his brother, deceased -Sukdevbhai Panchabhai Makwana, had left behind properties, being House No. M998 in 63 MIG plan Kailash Nagar Bhuj, developed Gujarat Housing Board located in r