ORDER :

1. The present Appeal From Order has been filed by the present appellants-original plaintiffs under Order XLIII Rule 1 of the Civil Procedure Code, 1908 (hereinafter referred to as “the C.P.C.”) by challenging the impugned order dated 01.11.2018 passed below Exh.5 application in Special Civil Suit No. 389 of 2016 by the learned Principal Senior Civil Judge, Kathor, Surat, whereby the same rejected.

2. Brief facts of the case as per the case of the appellants in this appeal are as such that the present dispute arises from three different pieces of lands and its inheritance i.e. block no. 25 in Survey no 26, block no 31 in Survey no 33 and block no. 157 in survey no. 178 located in Mauje Kathor, Tal: Kamrej, District: Surat. The lands in question are an agricultural land of old tenure land and was originally owned by Late Shri Durlabhbhai Ratanji Patel. Shri Patel is the great maternal grandfather of the present appellants and they are thus first degree descendants (successors) of Late Shri Patel. The present defendants are children of Late Shri Bhikhubhai Durlabhbhai Patel who was the son of Shri Durlabhbhai Patel and thus are descendants (successors) of the first degree. Late