PRAKASHBHAI RAMABHAI BALASARA vs DEVIBEN RAMBHAI BALASARA Advocate - D D ACHARYA — 74/2023

Case under Code of Civil Procedure Section 54. Status: Plaintiff Evidence. Next hearing: 22nd June 2026.

Plaintiff Evidence Next hearing 22-Jun-2026 this date has passed

RCS - REGULAR CIVIL SUIT

CNR: GJJM090005832023

Filing Number

74/2023

Filing Date

22-Dec-2023

Registration No

74/2023

Registration Date

22-Dec-2023

Court

TALUKA COURT, JODIYA

Judge

1-Principal CIVIL Judge & J.M.F.C

Last updated 12-Jun-2026

Acts & Sections

Code of Civil Procedure Section 54
Specific Relief Act, 1963 Section 34

Petitioner(s)

  1. 1.PRAKASHBHAI RAMABHAI BALASARA

    Adv. V S MANSATTA

Respondent(s)

  1. 1.DEVIBEN RAMBHAI BALASARA Advocate - D D ACHARYA

  2. 2.SANJAY RAMBHAI BALASARA

    Adv. D D ACHARYA

  3. 3.DINESH RAMBHAI BALASARA

    Adv. D D ACHARYA

  4. 4.GULABBEN DINESH BALASARA

    Adv. D D ACHARYA

  5. 5.KRISH DINESHBHAI BALASARA AS MINOR SHRI GULABBEN DINESHBHAI BALASARA

    Adv. D D ACHARYA

  6. 6.VIDHI DINESHBHAI BALASARA AS MINOR SHRI GULABBEN DINESHBHAI BALASARA

    Adv. D D ACHARYA

  7. 7.NITABEN SANJABHAI BALASARA

    Adv. D D ACHARYA

  8. 8.RAJVIR SANJAYBHAI BALASARA AS MINOR

    Adv. D D ACHARYA

  9. 9.RIDHDHI SANJAYBHAI BALASARA AS MINOR

    Adv. D D ACHARYA

Case History

  1. 22-Jun-2026

    Next hearingPending

  2. 20-Apr-2026

    Plaintiff Evidence

    Principal CIVIL Judge & J.M.F.C

  3. 16-Mar-2026

    Plaintiff Evidence

    Principal CIVIL Judge & J.M.F.C

  4. 02-Mar-2026

    Plaintiff Evidence

    Principal CIVIL Judge & J.M.F.C

  5. 09-Feb-2026

    Issues

    Principal CIVIL Judge & J.M.F.C

  6. 12-Jan-2026

    Issues

    Principal CIVIL Judge & J.M.F.C

  7. 15-Dec-2025

    Issues

    Principal CIVIL Judge & J.M.F.C

  8. 17-Nov-2025

    Plaintiff Evidence

    Principal CIVIL Judge & J.M.F.C

  9. 13-Oct-2025

    Plaintiff Evidence

    Principal CIVIL Judge & J.M.F.C

  10. 24-Sep-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  11. 15-Sep-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  12. 25-Aug-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  13. 11-Aug-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  14. 22-Jul-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  15. 23-Jun-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  16. 10-Jun-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  17. 20-May-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  18. 25-Mar-2025

    OrderView PDF

    Case Summary: 74/2023 Outcome: The defendants' application to reject the plaint under CPC Order VII, Rule 11(a) was rejected. The court found the plaintiff has a valid cause of action and the suit can proceed. Key Facts: Plaintiff Prakashbhai (son of deceased's first wife) filed a partition suit claiming a 1/4 share in five agricultural properties. Defendants (deceased's second wife and her children) argued the plaintiff had no legal right since some properties were self-acquired by the deceased and plaintiff's name wasn't entered in revenue records for three survey numbers (169, 649, 650). Court's Reasoning: While plaintiff was admittedly entered as heir in two survey numbers (240, 241), the critical issue—whether the remaining three properties are ancestral or self-acquired—requires evidence and cannot be decided at the plaint rejection stage. Since defendants themselves admitted plaintiff inherited two properties, allowing rejection would cause multiplicity of proceedings. The suit must proceed to evidence stage for proper resolution. This case analysis is maintained by casestatus.in based on publicly available court records.

  19. 25-Mar-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  20. 13-Mar-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  21. 12-Mar-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  22. 27-Jan-2025

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  23. 31-Dec-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  24. 26-Nov-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  25. 22-Oct-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  26. 01-Oct-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  27. 02-Sep-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  28. 06-Aug-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  29. 29-Jun-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  30. 14-May-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  31. 23-Apr-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  32. 30-Mar-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  33. 11-Mar-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  34. 07-Mar-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  35. 30-Jan-2024

    Written Statement/Reply

    Principal CIVIL Judge & J.M.F.C

  36. 03-Jan-2024

    First hearing

    Initial hearing scheduled

  37. 22-Dec-2023

    Case filed

    Registration No. 74/2023

casestatus.in Summary

Case Summary: 74/2023 Outcome: The defendants' application to reject the plaint under CPC Order VII, Rule 11(a) was rejected. The court found the plaintiff has a valid cause of action and the suit can proceed. Key Facts: Plaintiff Prakashbhai (son of deceased's first wife) filed a partition suit claiming a 1/4 share in five agricultural properties. Defendants (deceased's second wife and her children) argued the plaintiff had no legal right since some properties were self-acquired by the deceased and plaintiff's name wasn't entered in revenue records for three survey numbers (169, 649, 650). Court's Reasoning: While plaintiff was admittedly entered as heir in two survey numbers (240, 241), the critical issue—whether the remaining three properties are ancestral or self-acquired—requires evidence and cannot be decided at the plaint rejection stage. Since defendants themselves admitted plaintiff inherited two properties, allowing rejection would cause multiplicity of proceedings. The suit must proceed to evidence stage for proper resolution. This case analysis is maintained by casestatus.in based on publicly available court records.

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