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Reserved On : 20/08/2026 Pronounced On : 11/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 500 of 2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/SECOND APPEAL NO. 500 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-

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Approved for Reporting Yes No ✓

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RANCHHODBHAI JESINGBHAI SINCE DEAD THROUGH HIS HEIRS AND LRS & ORS.

Versus ANCHHIBHAI KAVJIBHAI CHAUDHARI SINCE DEAD THROUGH HIS HEIRS AND LRS & ORS.

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Appearance:

MR NV GANDHI(1693) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

CAV JUDGMENT

1. Heard Mr.N.V.Gandhi, learned advocate for the appellants at length. Mr. Gandhi, learned advocate, took me through the judgement and decree passed by the courts below, as well as the pleading and evidence submitted with the paper-book.

2. The present Second Appeal filed under Section 100 of the Civil Procedure Code, 1908 (CPC), which is arising out of the judgment and decree dated 24.06.2026 passed by the 3^rd Additional District Judge, Surat at Bardoli, in Regular Civil Appeal No. 51 of 2015 (Old RCA No. 183 of 2012 & 2 of 2012), whereby the Appellate Court has confirmed the judgment and decree dated 07.12.2011 passed by the Principal Senior Civil Judge, Bardoli, in Special Civil Suit No. 111 of 2011 (Old Regular Civil Suit No. 26 of 2002).

2.1 The appellants herein are the legal heirs of the original plaintiff, and respondent Nos. 1 and 3 herein are the legal heirs of original defendant Nos.1 and 3, while the remaining respondents are original defendant Nos.2, 4 and 5. For the sake of brevity and convenience, as far as possible, hereinafter, they will be referred to as the ‘plaintiff’ and the ‘defendant’, respectively.

SHORT FACTS

3. The original plaintiff claimed to be the brother of one Chhaniben, who died issueless on 15.07.1991. The said Chhaniben was married to one Jivlabhai, who hailed from Village - Nogama, Taluka - Mandvi, District - Surat, and was holding agricultural lands by way of tenancy rights. Such lands were subject matter of the suit. Since Jivlabhai died issueless prior to Chhaniben, being his wife, she had inherited the suit properties, and her name was accordingly mutated in the revenue records.

3.1 As per the case of the plaintiff, his sister Chhaniben executed one registered Will dated 24.07.1972 in favour of his son, namely, Raysangbhai. It is to be noted here that the plaintiff could not brought the aforesaid Will on record. Rather, it came on record that Chhaniben executed registered Will dated 01.07.1991 in favour of the defendant, thereby bequeathed her agricultural lands in favour of the defendant. The plaintiff appears to have referred in the plaint that the Will was executed by Chhaniben in favour of the defendant. Likewise, the plaintiff also averred in the plaint that he also executed a Will on 01.07.1991 in favour of the defendant, but, according to the plaintiff, he has cancelled his Will on 04.07.1997, and one power of attorney issued in favour of the defendant by the plaintiff was also got cancelled on 27.05.2002.

3.2 Thereafter, on 27.09.2002, Regular Civil Suit No. 26 of 2002 was instituted by the plaintiff seeking relief of declaration and injunction against the defendant. It has been prayed that his sister Chhaniben had no right to execute a Will in favour of the defendant and, for the reasons set out in the plaint, the Will may be declared as not legal. It was also prayed that, since the plaintiff happens to be the brother of Chhaniben, as a rule of survivorship, the plaintiff should be declared as the sole owner of the suit properties. The plaintiff further prayed that the defendant should be directed to hand over the possession of the suit properties