ORDER :

ORDER IN SECOND APPEAL

1. Heard learned Advocate for the appellant Mr. Dakshesh Mehta, who submitted that by way of this Appeal, the challenge has been given to the judgment dated 31.01.2023 passed by the learned 3rd Additional District Judge, Navsari in Regular Civil Appeal No.15 of 2004. Learned Advocate Mr. Dakshesh Mehta submitted that original Suit for partition was filed as Special Civil Suit No.82 of 1997 which was renumbered as Regular Civil No.124 of 2002 and the Suit of the widow and daughter of Jerambhai Bavjibhai Patel for partition and possession was dismissed on 20.12.2003 by the learned 2nd Joint Civil Judge (J.D.), Navsari. Against that, an Appeal was preferred as Regular Civil Appeal No.15 of 2004 which was decided on 30.04.2005 whereby the Appeal came to be partly allowed and the judgment of the learned trial Court was set aside with a declaration that the plaintiffs have ½ share in the property. It is further submitted that against that order, Second Appeal No.275 of 2005 was preferred, which was decided on 03.10.2022 whereby the Coordinate Bench had remanded the matter for reconsideration to the learned Appellate Court with a direction to determine the App