CHALLENGE :
1. The present appeal is filed under Section 96 of the Code of Civil
Procedure, 1908 (hereinafter to be referred as “the Code”) by the
original defendant nos.1 to 8, being aggrieved and dissatisfied with
the judgment and order dated 29.03.1985 passed by the learned 3rd
Joint Civil Judge, Senior Division at Jamnagar in Special Civil Suit
No.54 of 1974.
1.1 By the said impugned judgment and order, the trial court has
partly allowed the suit preferred by the original plaintiffs, thereby
granting preliminary decree by declaring that the plaintiff has 1/12th
share in the properties mentioned in the Exh.8 appended with the
NEUTRAL CITATION
C/FA/1313/1985 CAV JUDGMENT DATED: 30/06/2026
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plaint, by treating it as co-ownership properties of the parties. This
includes the structures and open land on the subject properties. The
plaintiff is further entitled to get division and partition by metes and
bounds of his 1/12th share and to secure actual possession,
accordingly. Consequently, the trial court has also declared and
decreed in favour of the heirs of branch of Madhavdas Ravji which
consists of 11 heirs i.e. original defendant nos.1 to 8 and defendant
nos.26 to 29, in which, defendant no.3 is also included holding 1/12th
share of the total, thereby, each of these defendants are held entitled
to get 1/32 share. Similarly, the heirs of branch of Morarji Ravji
consisting of original defendant nos.9 to 13 and 30 are also held
entitled to 1/12th of the total share, and thereby, has granted each of
these defendants 1/72 share and, lastly the heirs of Vasanji Ravji
consisting of defendant nos.32, 40 and 50 are held entitled to get
1/12th of the total share, and thereby, has held each of these
defendants entitled to 1/36 share.
