11.The Applicant further submitted that although it has been
represented by the Respondent Nos.1 to 3 that they are the owners of the
property however, order dated 26th August 1996 passed by this High Court in
Petition No.726 of 1996 in Testamentary and Intestate Jurisdiction by which
certificate of succession is issued does not show that the Respondent Nos.1 to
3 are the owners of the said building and therefore, landlords of the said
Building. Therefore, it is his contention that Respondent Nos.1 to 3 do not
possess any right, title and interest to execute the said decree. In this behalf,
it is significant to note that Plaintiff No.1 is a Partnership Firm viz. M/s.
Haribhai B. Desai, registered under the Indian Partnership Act, 1932 and the
original Plaintiff Nos.2 to 4 were the Partners of the said Partnership Firm.
The contention raised by Mr. Rathod – Applicant that the plaintiffs are not the
owners of the suit property is on the basis of the order passed in Petition
No.726 of 1996. However, it is significant to note that said Petition No.726 of
1996 was filed seeking succession certificate with respect to the properties of
deceased Ramanlal Haribhai Desai. Therefore, the same has nothing to do
with the Partnership Firm M/s. Haribhai B. Desai, i.e. the Plaintiff No.1 and
