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BIREN VAISHNAV, NISHA M. THAKORE
Heirs Of Decd. Ibrahimbhai Kalubhai- Decd Ibrahimbhai Through Heirs. – Appellant
Versus
Heirs Of Decd. Pirubhai Kalubhai- Abdulkarim Pirmohmmad Shaikh – Respondent
JUDGMENT :
NISHA M. THAKORE, J.
1. This appeal is filed by the appellants-original plaintiffs under Section 96 of the Code of Civil Procedure (for short, “the Code”), being aggrieved and dissatisfied with the order dated 25.07.2013 passed below Exh.26 in Regular Civil Suit No.47 of 2012 by learned Additional Civil Judge, Viramgam.
2. By the said impugned judgment and order, the application preferred by the original defendants vide Exh.26 under Order VII Rule 11 (a) of the Code, is allowed and the suit is ordered to be rejected.
3. In nutshell, the facts as pleaded by the present appellants before the trial court, are summarized as under:
3.1 The original plaintiffs had preferred the aforesaid suit in respect of various parcels of agricultural lands bearing revenue survey nos. 892,893, 894, 903, 904, 910, 911 and 941 (for short, ‘suit properties’) at village : Viramgam, District : Ahmedabad. It was pleaded that the suit properties are ancestral and undivided joint family property of the plaintiffs as well as the defendants. It was pleaded that the aforesaid parcels of lands originally belong to Mr. Kalubhai Pirubhai, who expired on 19.06.1946. He was survived by two sons namely Ibrahimbh
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