CAV JUDGMENT

1. The present appeal is directed against the judgment and decree dated 09.08.2001 passed by the City Civil Judge, Court No.18, Ahmedabad, whereby the City Civil Judge, Ahmedabad has allowed the suit filed by the respondent no.1 herein – original plaintiff.

2. The brief facts of the present appeal are as under:-

The appellant herein is the original defendant no.5 in Civil Suit No.4226 of 1989 instituted by the respondent no.1 herein above-

original plaintiff.

The plaintiff instituted the aforesaid Civil Suit before the City Civil Court, Ahmedabad for declaration and permanent injunction. It has been prayed in the suit that a will dated 30.03.1974 executed by deceased Bai Vali, daughter of Jala Hirabhai, be declared null and void. It has also been prayed in the suit that the sale deed dated 26.06.1989 executed between the original- defendant no.1 and defendant no.5 i.e. the present appellant with respect to the property situated at Ward No.2, Survey No.3226/A, R.N. 179899 (for short the 'suit property') be declared as null and void. Permanent injunction from transferring, selling or in any way assigning the suit property was also prayed. After hearing the parties and taking