JUDGMENT :

SANDEEP N. BHATT, J.

1. Rule. Learned advocate Mr. Manan Shah waives service of notice of rule for respondents.

2. The present petition is filed with the following prayers:

“7(a) Your Lordships may be pleased to issue a writ of certiorari and/or any other appropriate writ order or direction in the nature of certiorari, quashing and setting aside the impugned order below Exh.33, dated 21.11.2022 in Misc. Civil Appeal No. 5 of 2018 passed by the 12th Addl. District Judge, Surat Annex. A Colly.

(b) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the implementation, execution and operation of the impugned order below Exh.33, dated 21.11.2022 in Misc. Civil Appeal No. 5 of 2018 Annex. A Colly.

(c) xxxx”

3. The brief facts leading to filing of this petition are as under:

3.1 It is the case of the petitioners that the land bearing survey no. 225/2, block no. 196, village Kumbhariya, Dist.Surat (hereinafter referred to as ‘the suit property’) was originally owned by Maganbhai Prabhubhai Patel, who died intestate on 24.10.1993, who had three sons and four daughters.

3.2 It is the say of the petitioners that in view of family set