JUDGMENT (CAV)

Bhargav D. Karia, J.—Heard learned advocate Mr. Chaitanya Joshi for the petitioners and learned Senior Advocate Mr. Jal Unwala assisted by learned advocate Ms. Tejal Vashi for the respondents through video conference.

2. By this petition under Article 227 of the Constitution of India, the petitioners have challenged the order dated 3.10.2016 passed by the learned 3rd Additional Senior Civil Judge, Valsad passed below Exh.97 in Regular Civil Suit No. 161 of 2006 whereby the application of the petitioners for impleadment as defendants in the Regular Civil Suit No. 161 of 2006 is rejected.

3. Factual matrix of the case are as under :

4.One Ratanji Bhana Marfatiya was owner of land bearing Survey Nos.240 Part, 239, 241/1, 240/2 Part and 241/2 situated at Nankawada, Taluka and District Valsad having Khata No. 226 (here-in-after referred to as “the suit property”). After the demise of Ratanji Bhana Marfatiya on 5.1.1957, the suit property was of the ownership of his wife Maniben. Revenue entry no. 1198 was mutated in favour of Maniben on 22.2.1957 in respect of the suit property. Maniben expired on 30.5.1967 survived by her legal heirs comprising of three sons Bhikhubhai,