Hon'ble Mr. Justice J.B. Pardiwala dismissed a second appeal arising from a property suit regarding ancestral inheritance. The court relied on a sister second appeal to uphold the lower appellate court's decision denying declaration to the plaintiff son.
The second appeal was dismissed; the connected civil application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SA/183/2018 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 183 of 2018 With
CIVIL APPLICATION NO. 1 of 2018
FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE J.B.PARDIWALA Sd/-
| ================================================== | ======== |
|---|---|
| 1 Whether Reporters of Local Papers may be allowed to see the judgment ? |
NO |
| 2 To be referred to the Reporter or not ? | NO |
| 3 Whether their Lordships wish to see the fair copy of the judgment ? |
NO |
| 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? |
NO |
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PATEL JIVABHAI MAFATBHAI
Versus
SHAKRIBEN D/O MAFATLAL MADHAVDAS
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Appearance:
MR JIGNESHKUMAR M NAYAK(8558) for the PETITIONER(s) No. 1 MR VIJAY H NANGESH(3981) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1,2,5,6,6.1,6.2,7
MR MEHUL S.SHAH, SR.ADVOCATE with MR AJAY S JAGIRDAR(2688) for the RESPONDENT(s) No. 3,4
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/07/2018
ORAL JUDGMENT
This Second Appeal under Section 100 of the Civil Procedure Code is at the instance of the original plaintiff and is directed against the judgment and order dated 23rd April 2018
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C/SA/183/2018 JUDGMENT
passed by the 2nd Additional District Judge, Kalol, in the Regular Civil Appeal No.32 of 2016 arising from the judgment and decree dated 2nd July 2016 passed by the 6th Additional Civil Judge, Kalol, in the Regular Civil Suit No.94 of 2007.
The appellant herein - original plaintiff happens to be the son of the respondent no.1. The respondent no.2 is the sister of the appellant and happens to be the daughter of the respondent no.1. The family pedigree chart is as under :
"Mafatlal
|
_________________________________________________________ | | | | Dahiben Shakriben Madhiben Jivabhai (Widow) (Daughter) (Daughter) (Son)_ | | |
Sold 1/2 Undivided share to
| _______________________________________ | | Patel Kanubhai Dhulabhai Pravin Becharbhai Prajapati (Dated 9.5.2007) (Dated 8.5.2007) | | Sold to Sold to | | Plaintiff of RCS 128/2011 Plaintiff of RCS 129/2011 (Dated 25.4.2008) (Dated 25.4.2008)"
The appellant - original plaintiff filed the Regular Civil Suit No.94 of 2007 for declaration and permanent injunction as
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C/SA/183/2018 JUDGMENT
regards the suit properties. According to the plaintiff, his mother and sister have no share in the suit properties and they could not have transferred their undivided share in favour of the subsequent purchasers. The transfer of their undivided share in the suit properties is by way of two sale-deeds. It is pertinent to note that no relief has been claimed questioning the sale-deeds executed in favour of the respondent nos.3 to 7 herein.
The trial court framed the following issues :
"1. Whether the plaintiff proves that, the suit property is ancestral & undivided property of the plaintiff & the defendants ?
2. Whether the plaintiff is entitled to declaration & injunction as prayed for ?
3. What order and decree ?"
The issues framed by the trial court came to be answered as under :
2. In the negative.
3. As per final order."
The suit filed by the appellant herein came to be dismissed vide judgment and decree dated 2nd July 2016.
Being dissatisfied with the judgment and decree passed by the trial court dated 2nd July 2016, the appellant herein -
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C/SA/183/2018 JUDGMENT
original plaintiff preferred the Regular Civil Appeal No.32 of 2016 in the District Court at Gandhinagar. The lower appellate court, upon re-appreciation of the oral as well as the documentary evidence on record, dismissed the appeal and thereby affirmed the judgment and decree passed by the trial court dismissing the suit.
For the reasons recorded in the Second Appeal No.179 of 2018, this Second Appeal should also fail.
In the result, this Second Appeal fails and is hereby dismissed. The connected Civil Application would not survive and the same is disposed of accordingly.
(J.B.PARDIWALA, J.)
/MOINUDDIN
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1 issue framed by the court
Whether the second appeal against the dismissal of the suit for declaration and permanent injunction should succeed.
1 provisions across 1 enactments
Patel Jivabhai Mafatbhai
Shakriben D/o Mafatlal Madhavdas
J.B. Pardiwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
