JUDGMENT :

NIKHIL S. KARIEL, J.

1. None appears on behalf of the appellant. None appears on behalf of defendant No. 1. Learned Advocate Mr. Vishrut Jani appears on behalf of defendant No. 2.

2. By way of the present First Appeal, the appellant seeks to challenge judgment and order passed by the learned 3rd Joint Civil Judge (SD), Surendranagar dated 21.07.2001 in Civil Misc. Application No. 12 of 1997.

3. On account of absence of learned Advocate for the appellant, this Court has perused the First Appeal, the impugned judgment and order as well as Records and Proceedings placed before this Court through paper-book.

4. The learned trial Court had framed 5 issues which are enumerated herein-below and whereas answers are also enumerated herein-below:

“1. Whether the applicant proves that she is only surviving legal heir of late Motibhai Khetabhai?

2. Whether the applicant proves that the properties shown in the application were property of late Motibhai?

3. Whether the opponent proves that late Motibhai was not the owner of the disputed property? If yes, whether he proves that he has purchased the same from Jivuben Mansangbhai?

4. Whether the applicant is entitled to the succession certificate